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Full text of "Lex mercatoria rediviva; or, The merchant's directory. Being a compleat guide to all men in business .."

<*• 



Business Administration Library 
Los Angeles 



Me * 

Robert E. Gross 
CoUeftion 

A Memorial to the Founder 
of the 



Lex Mercatoria Rediviva: 

OR, THE 

MERCHANT'S DIRECTORY. 



BEING A 



Compleat Guide to all Men in Business, 



whether as 



INSURERS, 
BROKERS, 
FACTORS, 
SUPERCARGOES, 

AGENTS. 



TRADERS, 

REMITTERS, 

OWNERS, 

FREIGHTERS, 

CAPTAINS, 

CONTAINING 

An Account of our Trading Companies and Colonies, 
with their Eftablilhments, and an Abltra^t of their 
Charters ; the Duty of CONSULS, and the Laws 
fubfifting about Aliens^ Naturalization and Denization. 

TO WHICH IS ADDED 
A State of the prefent general Traffick of the whole WORLD, 
defcribing the Manufactures and Products of each particular 
Nation : And TABLES of the Correfpondence and Agreement 
of the Europsan Coins, Weights, and Measures, with the Addition 
of all others that are known. 

Extrafted from the Wo r k s of 
The befl: Writers both at Home and Abroad ; more efpccially from thofe jufHy cele- 
brated ones of MefTieurs Savary ; improved and corrected by the Author's own Ob- 
. fervations, during his long Continuance in Trade. 

The whole calculated for the Ufe and Service of the Merchant, 
Lawyer, Senator, and Gentleman. 

By IVTNDHJM BEjfrYs, Merchant. 

DUBLIN: 
Printed for PETER WILSON, in Dame-Strret. M.DCC.LIV. 



TO THE RIGHT HONOURABLE 

ARTHUR ONSLOW, Efq; 

Speaker of the Houfe of Commons, 
SIR, 

YOUR Readinefs on all Occafions to allift the Im- 
provement of this Kingdom's Trade, and render it 
flourilhing, encourages me to hope the Means lead- 
ing to It, will meet your Approbation, and Patronage : And 
as I flatter myfelf with the Belief that the following Work 
may in fome Meafure be conducive to fo defirable an End, 
I take the Liberty to fupplicate your Prote61:ion of it ^ beg- 
ging you to admit its Dedication, as a juft Homage for your 
continual Endeavours to promote the Increafe of Com- 
merce; and as an Expreffion of that Deference I pay to thofe 
exalted Virtues, for which you are fo juftly and eminently 
diftinguiflied j your Compaffion to the Diftrefled, your Cha- 
rity to the Necellitous, and your benevolent Humanity to 
all, render you the Darling of thofe honoured in your Ac- 
quaintance, and your Name rever'd by every one not fo hap- 
py 'j though the Difplay of thefe Excellencies ferves only as 
brightening Touches to the refplendent Rays of that fhin- 

A 2 incj 



iv DEDICATION. 

ing Character your great Abilities and Integrity in pubJick 
Affairs have procured you. 'Tis thefe that have fo repeat- 
edly recommended you to an Eledlion you have Reafon to 
glory in, as unprecedented, and a plain Acknowledgment 
of your Capacity and Merits, by that great and honoura- 
ble Body of Men, whofe Prefident their unanimous Choice 
has fo often made you, and for the worthy Dilcharge of 
which Office you are fo univerfally admired. And though 
you only feem infenfible of the rare Talents, fo confpicuous 
in all your Actions, and your known Modefty chains every 
Pen from an Attempt to record them 5 yet the Regard paid 
them now, will convey their Remembrance to Futurity, and 
their Pofleflbr be efteemed and reverenced equally by the pre- 
fent and fucceeding Ages. But I ought to confider, that 
the Moments of the Great are precious y and therefore not 
to incur your Difplealure, whilft I am foUiciting your Fa- 
vour, permit me only to gratify my Ambition, in continu- 
ing to fubfcribe myfelf, what your Goodnefs has made me^ 

S I I^, 

Tour mofl Obliged^ 

And Obedient Humble Servant^ 



WYNDHAM BEAWES. 



T H E 



P RE F A C E 



T O T H E 



R E A D E R. 



THE following Sheets are the Produ(5l3- 
of a leifure Seafon, which I was perfuad- 
ed to believe I could not better employ, 
than in compofing a Work long wanted, and 
confequently long wilhed for by the commer- 
cial Part of Mankind. — And as the Publick has 
an undoubted Right to challenge every thing 
from its Members that may prove conducive to, 
CM" promote a general Utility ; confcious of this 
Obligation, I the more readily engaged in the 
fubfequent Work, with the Hopes of being 
ferviceable (at lead) to many, whofe Entrance 
into Bufinefs might need fome Aflillance and 
Diredion, though at the fame time not defpair- 
ing of its being alfo ufeful to thofe of a longer 
Standing and Pra6\ice ; if not as an Inftrudtor, 
yet as a Remembrancer, which they may turn 
to for the Solution of any Difficulty occurring 
in the Courfc of Trade.— Thefe powerful Mo- 
tives induced me to commence Author, and to 
rifque the Cenfures of the Uncandid in pur- 
fuance of fo laudable a Dc!;gn, being animated 
thereby to undertake the arduous Taflc, and 



exert my bed Endeavours for thePublick's Ser-- 
vice, which I have the Pleafure to fee abun- 
dantly rewarded in its kind Acceptance of'' 
them. 

I ha\'e indeed long regretted to obferve, that- 
a Treatife of fo beneficial a Tendency, fhould' 
in a trading Nation like this continue fo much 
negledted, when many Trads on every other 
(even the moft trifling) Subjed, are daily pub-- 
lifhed ; and thofe few which the Prefs has given' 
us on the lefs important Parts of Commerce, are 
generally fo erroneous and defe6live,- that they 
are to be little regarded and lefs depended on. — 
To remedy which, and to fupply the Supinity. 
of others, I have already faid, were the Incite- 
ments to quit my Obfcurity, and I fhall now 
give fome Account of the following Work, and '. 
of the Steps I have taken to make my Appea- - 
ranee in as favourable a Light as poflible. 



The major Part is an acknowledged Collec. 
on, or Tranflation (as fuch general Works - 

mult - 



VI 



PREFACE. 



muft be) from the befl Authors, who in moft 
Languages have wrote on the Subjedl:, and more 
eTpecially from Monf. Savarys Dinionaire de 
Commerce : Corrected however, and fupplied by 
thofe Obfervations, which a thirty Years Prac- 
tice, more than half fpent abroad, and not ne- 
gligently run through, had enabled me to make; 
and I think I may without Vanity, in fome 
Meafure deem myfelf a competent Judge in 
thefe Affairs, that have been my chief Study 
and the principal Bufinefs of my Life -, yet I 
readily fubmit my Labours to the Cenfure of 
fuperior Abilities, and rather wifh than fear to 
fee them improv'd to the Advantage of my 
Countrymen -, being confcious, that notwith- 
ftanding all my' Care and Afliduity, they lland 
in need of great Indulgence, for which I muft 
rely on my Reader's Candour. And I owe my 
Acknowledgments (which I defire in this pub- 
lick Manner to pay) to that worthy Promoter 
of Trade, Mr. R. Norcliffe of HulU who ge- 
neroufly furnifhed me (even unafked_) with many 
judicious Remarks on the Traffick of Denmark, 
Norway and the Sound, from which I extrafted 
the greateft Part of what I have faid about 

it. — Francis Mamwck, Efq; favoured me 

with the Imports on Merchandize at Cadiz ; as 
Mr. John Debonaire did, with the Trials about 
Noncompliance with accepted Bills (in which 
he was a Party) in Portugal, and with an Etli- 

mate of our Commerce to that Kingdom.' 

Mr. John Heaton, (a Gentleman of the greateft 
Candour and Benevolence) and Mr. John Rayner, 
both Attornies, and defervedly placed among 
the few at the Head of their Profeflion, were fo 
kind as to lend me fome Afliftance ; as Mr. 
Crawford, and Mr. tv/o other noted At- 
tornies did, by all whom I beg my Thanks may 
be accepted. 



The Form I have put my Book in, Ibelieved 
would beft fuit my Intentions of having every 
Particular readily turned to, as Occafion fhould 
require, which the large Contents at the Begin- 
ning, and exteniive Index at the End will im- 
mediately lead my Reader to. And as every 
Subjed is placed by itfelf, the Chain of reading 
is not broke through, as it is in the Diftionarial 
and fome other Methods ; therefore I hope thts^ 
which I have elected, will be approved. 



And though a Colleflion is not efteemed to 
carry with it a Proof of Genius and Under- 
ftanding like a genuine Compofition, yet the 
Labour muft be allowed greater, as 'tis certain- 
ly more eafy for a Perfon to pen his own 
Thoughts, than dextroufly to feledt and range 
thofe of others ; more efpecially if he has them 
to feek, compare and correft from a large Va- 
riety of Authors in different Languages. This 
has been my Talk. And I wifh my Perfor- 
mance may be looked on like the Bee's In- 
duftry ; as Honey will not lofe its Tafte or Vir- 
tue, by refleding that that Infedl was only a 
Colleftor, not Author of its Sweetnefs. 



'Tis true, my firft Defigns were limited to a 
much lefs Bulk than the Book is now fwelled 
to ; but the enlarging it to the Size it now ap- 
pears in, was a Confequence of its growing under 
Difpatch ; and my Progrefs opening new Scenes 
of Difcuffion, which I have however treated in 
the concifeft Manner I could, confirtent with 
that Clearnefs, Perfpicuity and Corrednefs, I 
from the Beginning, determined to obferve ; 
gnd hope nothing on Examination will be found 
fuperfluous or unneceflary. 



THE 



THE 



CONTENTS. 



jjN Hifiorical Dedu£iion of Trade from its 
■^M. Original Page i 

Of Merchants i whether Natives or Fo- 
reigners ; their Character ; fome DireBions for 
their prudent ConduSl, and an Abftra£l of the 
Laws now in Force ^ concerning them 25 

Of Favors, Supercargoes, and Agents 36 

Of Ships Owners, Captains , and Sailors 38 

Of Freight, Charter-parties, Bills of Lading, De- 
morage, and Bottomry 98 

Of Ballaji 108 

Of Pilots, Lodefmen, or Locmen 1 1 o 

Of Wrecks, viz. Flotfam, Jetfam and Lagan 1 1 8 
Of Salvage, Average, or Contribution 119 

Of Ports, Havens, Lxght-Houfes, and Sea-Marks 

123 
Of Letters of Marque andReprifal 173 

Of Privateers or Capers i '79 

Of Pirates and Sea Rovers 195 

Of Convoys and Cruizers 205 

Of Captures, Condemnations and Appeals 206 

Of Bills of Health and §luarantine 207 

Of Embargoes, or Reftraint of Princes 208 

Of Protections, Pafsports, and Safe-condu£ls 209 
Of Leagues and Truces ibid. 

Of Proclamations for War and Peace ibid. 

Of the Admiralty 2 1 1 

Of Confuls 220 

Of Infurance 222 

Of Arbitrators, Arbitrament, Arbitration Bonds 
and Awards 260 

Of Aliens, Naturalization, and Denization 267 
Of Banks and Bankers 273 



Of Ufury Page 309 

Of Cufloms and Cuflom-houfe Officers 312 

Of Porters Rates for Landing, &c. of fome Sorts 
of Goods 233 

Of Carts and Carmen ib. 

Of Contrails, Bonds, and Promiffary Notes 337 
Of Bills of Exchange, and about the crofs ones of 
Europe, known to Foreigners under the "Deno- 
mination of Arbitrations of Exchange 343 
Of Brokers 379 
Of the Par of Monies 381 
Of Arbitrations 387 
Concerning Bankruptcy 407- 
Of the General Trade of the World j^'i*j 
England 47 g 
Wales 488 
Scotland 489 
Ireland 454 & 5^5 
Of the Trade between Great Britain ««^France 49 8 
Holland ^05 
Germany 506 
Spain ^oy 
Portugal 51^ 
Great BritainV Trade with Italy, including under 
this Denomination Venice, Naples, and Sicily, 
Genoa, Leghorn, Ancona, £5?^. 518 
Of the Trade carried on by Great Britain with 
Turkey «WBarbary ^iq 
Africa ^22 
America ^^q 
Of the South-Sea Company jb. 
Of the Hudfon's Bay Company caq 
Of Carolina V General Trade ib. 

The 



CONTENTS. 



'7-heGaurnll'radeof'W\y^\<ci\'3. Page 541 

Maryland 542 

New-York ib. 

Penfilvania 543 

The Jerfeys and New-England ib. 

Nova Scotia 545 

Georgia 547 

Barbadoes c,^o 

.^'.ChrllTiophers, Nevis, {or Mevis) and 

the other Cariblce Iflavds ib. 

■J.imaica 551 

"//7? LucayoV or Bahama T^'Zci 552 

The Bermuda^, or Summer IJlands ib. 

Newfoundland S^:,^ 

An Account of the Trade between Great Briiain 

and Mufcovy, carried on ly the Ruflia Company 

554 

Of the Trade let-ween Great Britain, Denmark 

tf«^ Norway, Sweden, Poland, Pruflia, and the 

Auftrian Netherlands 556 

Oj the Prcdiicls, Mamifa£iures and Trade o/" France 

Of the Ti a fe of Spain 584 

Portugal and their African Company 

589, 59^ 
Italy 591 

Of the Le\'ant Trade, and that on the Coajl of 

Baibary 602 

Of the Trade of the Archipelago 6 1 1 

Of the Trade of Africk 6 1 3 

The Trade of the Canary Ifles 626 

Of the Trade of Alia 627 

Of the Trade of the Gu^ph of Perfia 630 

Of the Trade 0/ Suvmui 667 

Borneo, Ciimati, o?- Crimatia 668, &:c. 
Of the Molucca, or Molucque Ijlands 669 

Of the Ijles of Banda 67 i 

O/" Amboina 672 

Of the Philippines, or Manillas -673 

Of the Ifes of Thieves, or Ladrones 674 

Of the Ifles of Japan or Japon ib. 

Of the Trade of yi^o 676 

Of the Trade on the Coafls of Spanifh America in 

the North Sea 678 

Of the Commerce of the Spanifh American Coajls 

in the Smith Sea 680 

Commerce of the Portugueze America 6S 7 

Of the Trade of Holland ib. 



Concerning the Trade of the 'Roxth.and /^S'l? Balticfc 
Sea Psge 690 

Of the Trade of Denmark 691 

Concerning the SoMVid 692 

Of the Trade of 'Norway 6gg 

Of the Trade of Courland, Piuflia, and Pome- 
rani a 705 
Of the Commerce of hwonh, and its principal Cities 

706 
Of the Commerce carried on at Archangel, and c- 
ther Places of Mufcovy - 707 

Of the Trade of Sweden 71 1 

Of the Commerce o/" Switzerland and Geneva 713 
Of the M'^eights ufed throughout GreTiiBux. 720, &c. 
Of thofe ufed in France, Holland, Coningfberg, 
Dantzick, Elbing, Stetin, Lubeck, 'Brellau, 
Bremen, Naumbourg, Erfurt, Berne, Co- 
logne, Ghent, Bruilcls, Malines, Bruges, 
Lifle, St. Malo, Bayonne, Genoa, ^;<^Rome 

721, &c. 

Leghorn, Florence, Lucca, Palermo, Venice, 

Bologna, Bergame, Naples, Smyrna, Con- 

ftaninople, «^W Aleppo 722 

Tripoli, Seyda, Alexandria, a«^ Grand Cairo 

725 

A Table of the Agreement, -which the freights of 

the principal Places in Europe have with each 

other 724 

Ditto of the dry Me a fires for Corn 726 to 729 

A Table of the Agreement of diverfe Meafures with 

thofe of Amflerdam, Paris, and Bourdeaux 

730 '^ 735 

An AhJlraH of the correfpondent IVeights and Mea- 
fures of the different Species of Corn in Flanders 
and Germany 736 & feq. 

Ditto of Long Meafures 738, 742, 743 

A Table of the Agrecr.wnt ivhich the Long Mea- 
fures of the chief Places in Europe have with 
each other 742 & feq. 

The Meafures of France and other Countries reduced 
into Feet, Inches, and Lines 744 

The Correfpondency of the Length of a Foot in di- ' 
verfe Places ib. 

Of Dry and Liquid Meafures 744, & feq. 

Of Coins, both Real and Imaginary, in all Coun- 
tries 747 &c. 

An Alphabetical Lift of the Coins, Weights and 
Meafures of Afia, &c. 757 to the End. 

THE 



[ I ] 



A N 



Historical Deduction of TRADE 



From its ORIGINAL. 



COMMERCE is almofl: as old as the Crea- 
tion, and a very fmall Increafe of Mankind 
proved its Utility, and demonftrated the na- 
tural Dependance our Species had upon one 
another: Their Employs were (hy the wife Difpofi- 
tion of Providence) fuited to their Wants ; and the 
diligent Difcharge of the one (by his Blefllng) ren- 
dered fufficient to fupply the moderate Cravings of 
the other ; and tho' Tilling of the Earth, or Feed- 
ing of Flocks, were the fole primevous Labours, yet 
(limited as they were) they could not be exercifed by 
our firfl: Parents, with that Comfort their great Cre- 
ator defigned them, without a mutual Correfpon- 
dence and Traffick, as the Hufbandman's Subfiftcnce 
would have been poor without the Grafier's Help, 
and the latter's comfortlefs, under the Want of Corn, 
Fruits, and Pulfe to his Milk; this led them to an 
Exchange of Commi dities ; and thus Commerce com- 
menced in the Infant World, and fo continued whilft 
our Progenitors could content thcmfeUes with thefe 
•Riches ot Nature, and were not obliged bv a grov/- 
ing Pofterity, to alter their Method in dilpofmg of 
ihcm. But when this became the Cafe, and buying 
and felling by the Intervention of Money was found 
moil convenient in their commercial Engagements, 
this Metiiod was invented and adapted in lieu of 
Bartf i-.y th.e mofl pciiiT-.ed Nations, and fo handed 
down to us, with the Exception of thofe Savages, 
(and feme Pcrple net mpc h bctter'i v here the Ufeof 
Ceir. has l.iii;eitc ii.n::.iijtd ui^kixw Hj r.nd ll.eir 1 raf- 



fick carried on in its primitive Way, tho' not always 
with its native Simplicity. But before this Altera- 
tion, and great Increafe of Mankind, their Defires 
were eafdy flitisfied, as their Wants were the Boun- 
daries of them ; they contentedly made the Fleece 
of their Sheep ferve them for Cloathing, and their 
Hunger found a ready Supply from their Gardens and 
Kine : A neighbouring Spring flacked theirThirft ; and 
a Tree, or a Tent, was fufficient to defend them from 
the Inclemencies of Weather, in thofe Climes where 
the firfl Race was fettled. Their Labour procu- 
red them a fatisfaflory Support, and the ProduQs of 
the Earth and Cattle ferved them both for Necefla- 
ries and Regales, 'till their Corruptions brought in 
Fraud, and this gave birth to Avarice and Violence ; 
the Stronger began to invade the Weaker; and as 
thefe oppreifive Acquifitions could only be maintain- 
ed by Force and Policy, Cities were built, and Go- 
vernments formed ; and when by this Means an ag- 
gregated Number fwelled to too great a Magnitude, 
to have their Necellities fupplied by their neighbouring 
Territories, they were compelled to feek for remoter 
Helps, by Commerce, deflroying thofe halcyc.i Days, 
pregnant v/ith the Blefllng of Health and Peace, by 
the Introduction ot Luxury and Excefs, which fpread- 
ing as Trade did, carried wiih them a long Train 
of Mifchiefs and Dileafes, quite changing the Face 
of the primeval Golden Age, fo replete with Quiet 
and 'IVancjuillity : Ditlcaipcr? and Difquiets (lowed in 
Irom this Defe£iion ; and our unhappy Forefathers n^ 
B fooner 



2 



An Hijicrical Dedu&ion of Trade 



fooner quitted the Rules of Abflinence and Modera- 
tion, than they found this Deviation and Change 
produdive of a thoufand Ills, dellructive both to 
the Eafe of Mind and Body. But tho' thefe were 
the fatal Confequences of Commerce thus abuied, 
yet the Growth of vitiated Mankind, and the peo- 
pling thereby of different Parts and Continents, 
rendered the Continuation of it abfolutely neceffiiry 
for their Comfort and Support ; and Life itfelf would 
have proved burthenfome, without this Means ot 
mutual AtTiftance, which in procefs of Time, en- 
creafmg as Mankind did, and Mens Views and Dc- 
figns being extended in proportion to their Defires, 
Trade was no longer limited to the providing Ne- 
ceflaries only, but Profit vi'as fought in, and became 
a Motive to, the carrying it on ; which however 
might occafionally have prom^tidhoih Unity and Cha- 
rity among them, had the Correfpondence been con- 
duded with that Sincerity it ought; and by this 
Means rendered produtlive of thofe reciprocal Be- 
nefits and Advantages, that naturally accrue from 
the Supplying the Wants of one Country, with the 
Superfluities of another. And tho' the Degeneracy 
of Mankind has perverted thefe Lines leading to 
Happinefs, from having the intended Effect, by their 
intermixing Cozenage and Deceit in their Dealings, 
and for many Ages pall, made Amliitiori and Avarice 
the Moti\es to the Continuance and Extcnfion of 
Trade, more than Want ; yet thefe fmilter Defigns 
have accidentally proved very beneficial to thefe lat- 
ter Ages, as it is probable without fuch Excitements, 
the greatell; Part of the World had llill remained 
unknown to us; but pullied on by the Defires of 
Gain, in order to fupport the one, and fatisfy the 
other. Men have mad* the many Difcoveries which 
lay hid for Ages, and difregarded the Riiks they run, 
and the Inconveniencies they fuffered, whilll they con- 
fidered themfelves in the Road to Riches and Pre- 
ferment; the plcafing Profpecl animated them to 
frefli Engagements, and a SucceiTion of thefe, o[>en- 
ed to us the wide Field for Trade that now lies be- 
fore us ; and whatever the Motives were to the dar- 
ing Enterprizes of former Ages, we of this, are 
greatly indebted to the Undertakers of them, for 
many of the Comforts and Conveniencies oi Life. 
And my Defign in th.e Remainder of this Chapter, 
being to fliew the Advantages we receive from their 
Labours, and to deduce the Growth and Progrefs of 
Trade, from the fmall Beginnings I have mention- 
ed ; I fhall harten to let the Reader fee in a fniall 
Tra6V, the beneficial Influence it always had, and 
ftijl has, on human Aff^airs; and that all Nations have 
encreafed in Strength and Power, or remained weak 



and abjecl, in Proportion as they have encouraged 
or negletfed Commerce; which is now become an 
univerfal Means, that offers itfelf to every one, for 
the Improvement of his Fortune, and from whence 
the moll: flourifhing States derive their Strength, the 
Sovereigns their lured Funds, and Particulars the 
Ellablifliment of their Families in Eafe and Splen- 
dor. 

Whoever runs over all the Ages of the World, 
will find, that the Hillories, even of the raoff war- 
like Nations, will furnifh him with as large Accounts 
of their C(immerce as ot their Crjnquej]s, and the Nar- 
rative to be equally extenfive and full on the one 
SubjeS, as on the other. 

If the greateft Empires were eftablifhed by Valour 
and the Force of Arms, they were made firm, and 
Aipported, only, by the Succours, which Trade (with 
the Labour and Induflry of the People) furnifiied 
them with; and the Conquerors would foon have 
languiflied, and pcriflied with the Conquered, had 
they not (as the Scripture expreifes ir) converted the 
Iron of their Arms into Ploughlhares, and had re- 
courfc to the Riches which Agriculture, Manufniluref,, 
and Commerce produce, in order to preferve and im- 
prove, by the tranquil Arts of Pe'.ce, the Advan- 
tages acquired in the Horrors and Tumults of War. 

And to enter more largely into tl-e Proof of the 
above general Afl'ertion, of the Utility and Excel- 
lence of Trade, let us look back into the firft Ages of 
the World, and bring the Hiftory of it down to our 
own Times; and I flatter myfelf, that I lliall be able 
folidly to prove,, by the Examples I fhall produce,, 
that the Nations, neither were, nor are, powerful ; 
the Cities rich, nor populous, but in Proportion as. 
they have extended their Commerce ; and thole Princes 
do not well underlland their own Interells, nor will 
render their Reigns flourifliing, or their People hap~ 
pv, who do not by all MeanS: encourage and prote£b 
their trading Subjetls, 

Monf HuET * (the illuftrious and learned Author 
of that excellent Book, entitled, A Treatife of the 
Commerce of the Ancients) feems perfuaded, that the 
Phenicians were the firft Navigators in the World ; 
tho' many think the ingenious Dr. Garcia, with 
more Probability, aiTigns it to the Arabians, in the 
little Tract he has communicated to the Publick about 
it ; and coufcious of my own mean Capacity, I lliall 
not prefume to offer my Sentiments, in fo intricate 
an Affair, moi-e efpecially after what has been laid 
by thofe learned Authors on the Subjed, but give my 
Reader their own Words, in which he will find the 



Biihpp of Avranchei or Soijfom. 



Reafons 



/■ 



rom Its 



Commerce 

OF THE 



Reafons they aiUgn for their different Conclufions, 
and from which he may draw Motives for fixing his 
Judgment, on the Side he thinks mofl: agreeable to 
it, and Truth. I fhail begin with the Opinion of 
the firfl: of thefe great Men, and conclude the Chap- 
ter with that of the latter. 

The Phenicians, and Tyre their Ca- 
pital, are the firfl: that prefent th^mfelves 
rp on examining the Commerce of the An- 

cients ; and thefe will fufficiently prove, 
to what a height of Glory, Grandeur and Riches, a 
Nation is capable of attaining by the fole Refources 
of Commerce. 

Thefe People (as is remarli^d by the aforefaid Mr. 
Huet) only occupied a narrow Border along the Sea 
Coaft, and Tyre itfelf was built on an ungrateful bar- 
ren Soil, which when mofl: fruitful and produflive, 
was infufficient to fupport that great Number of In- 
habitants, which the firfl: SuccefTes of Trade had 
brought thither. 

Two Advantages, however, indemnified this De- 
feft ; they had excellent Ports on the Coafl: of their 
little State, particularly that of their Capital ; and 
they were born with fo happy a Genius for Trade, 
as to be commonly affociated with the Egyptians, in 
the Honour done thefe latter, by fuppofing them the 
Inventors of Naval Commerce, particularly that of 
long Voyages. 

The Phenicians knew fo happily how to profit by 
tliefe two Advantages, that they foon became Mafters 
of the Sea and Commerce. Lebamn, and the other 
reighbouring Mountains, furniflied them with excel- 
lent Wood for the Conflruclion of their Ships ; and 
they had in a fliort Time numerous Fleets, which 
ran the Hazards of unknown Voyages to eftablifh 
their Trade ; and their People multiplying al mofl to 
Infinity, by the great Number of Strangers, which 
tlie Dcfire of Gain, and the fure Occafion of enrich- 
ing themfclves, drew to their City ; they found them- 
felvcs in a Condition to fend out many Colonies, par- 
ticularly that famous one oi Carthage, which preferv- 
■ed the Phenician Spirit in Regard of Traffick, and 
did not yield any Thing to Tyre itfelf in its Trade, 
whilft it greatly furpafied it in the Extent of its 
Dominion, as there will be Occafion to fiiew here- 
after. 

The Degree of Glory and Power, to which the 
Commerce and Navigation of Tyre had raifed it, ren- 
dered it fo famous, that the Report of prophaiie Au- 
thors would hardly be believed deftitute of Exagge- 
ration, had not the Prophets themfelvcs fpoke of it, 
with flill greater Magnificence; fo that the Defcrip- 
tion of its Grandeur, of its Forces, and tiic almoll 



Original. 3 

incredible Number of its Veffels, Merchants an J 
Merchandizes, makes one of the mofl beautiful Paf- 
fages, in the Prophecy of Ezekiel, which could not 
poiTibly be forgot, when we are fpeaking of the Ex- 
cellence of Commerce, and its Splendor. And the 
Prophet Ijaiab likewife fa)'s. That Tyre is the com^ 
mon City of all Nations, and the Center of ail Com- 
merce, and in a Word, is the Queen of Cities, v/here- 
of the Merchants are Princes, and which has for 
Traders the mofl iiluftrious Perfons of the Earth. 
Such was the ancient Tyre, when (following tlse Pro- 
phecies of Ezekiel) fhe fell, or funk, under the Arms 
ot Nebuchadnezzar, after a Siege of thirteen Years. 
It is true, that Providence had (if we may fo fay) fe* 
cured an Afylum and Refource to the Inhabitants of 
this unfortunate City; for the Tyrians, during fo 
long a Siege, had both the Precaution and Time, t6 
fortify a neighbouring Ifland, where they eftabliflied 
their maritime Forces, and where their Merchants 
retired with their Stores and Mcrchatidi/.es, and there 
continued a Bufinefs fo flourifliing, that the taking 
and ruining of their firil City, did not n'eilroy theif 
Empire of the Sea, nor the Reputation of their v?:;;«- 
merce. 

It was this new City of Tyre, wliich, Iru.ling in 
its Riches and PuIlTance, dared afterw.ards to refifl: 
Alexander the Great, already Mailer of one Part of 
Afia, and had like to have interrupted, for fome 
Time, the Courfe of his Viftories ; but in Pay of its 
Timerity, it was entirely deftroyed by the Conqueror ; 
and to the End there might remain to it no Hopes of 
being raifed froin its Fad (as the firfl; Time) he re- 
moved its Marine and Commerce, transferring tliem 
to Alexandria, a new City that its Founder intended 
to make the Capital of the Empire of A/ia, of whick 
he then meditated to atchieve the Conqueft. 

Whilft the one and the other Tyre 
experienced thefe great Revolutions, Commerce 
Carthape, a Tyrlan Colonv, as afore- r- 
laid, augmented its forces by Trade, }ji»-<s 

and by that, put itfelf in a Condition, 
once to difpute with Rome the Empire of the World. 

Thcf; new Africans foon rc^p ?d the Benent.<i, 
which the liappy Situation of their City oiTered, and 
profited by the Genius for Trade and Nav-gation, 
which they had brought with them from Phenicia ; 
they made their Fleets and Merchants pafs on one 
Side to the Ocean, beyond the Pdlars of Hercules ; 
and on the othc, along the whole weftern Coafl; of 
Europe; and it fome Authors may be credited, their 
Pilots and their Merchants, even had the Bolhicfe, 
or good Fortune, to be the firfl th'.t ptnctrafi-d as 
far as thofe unknown Lands, of wliich the Difco- 
B a very. 



yin Hi ft or j cat DcduBion cf Trade 



^ery, many Ages afterwards, has done fo much Ho- 
nour, and brought fo much Profit to the Spaniards. 

The Carlhi^giniam, quite occupied in their Com- 
merce, never thought (till too late) to value tliem- 
feJves on the iminenle Pjchcs, which thev had amaf- 
fed (hy tiiis Means) for extending their Dominion a- 
broad ; but their being tired of their pacifick Mer- 
chant State, coll them dear. 

Their City, which Trade had peopled with above 
feven hundred thoufand Inhabitants, was foon defert- 
ed, to turnifh their Armies v/ith Troops and Re- 
cruits. Their Fleets accuftomed iolely to carry their 
Merchants and Merchandize, were now only loaded 
with Soldiers and warlike Stores, and of their wifefl 
and more fortunate Traders, were formed thofe 
Chiefs, and Generals of Armies, which were deftin- 
ed to make Rime tremble, and put Carthage in a 
Condition to become the Miftrefs of the World. 

The high Feats of Arms of the Carthaginians in 
Sicily, Sardinia, Spain, and particularly in Italy, un- 
der the famous Hannib.^^l, and alfo the Diforder of 
their Affairs by the Victories of the two SciPios, 
are Fa£ls well known, and are of two little Import 
to the Adattcr of which we treat here, to call for any 
Detail of them ; and I fhall only add, that Trade had 
raifed Carthage to fo high a Degree of Riches and 
Power, as obliged the Romans to a fifty Years criiel 
and doubtful War, to fubdue this Rival ; and in fine, 
triumphant Rome believed (he could not entirely fub- 
jugate and reduce her by anv better Means, than cut- 
ting off thofe Refources which fhe might yet find in 
Trade, and wliich, during fo long a Time, had 
fupported her againft all the Forces of the Repub- 
lick. 

It was in effeft, that Refolution of the Senate, 
■which decided the Fate of Carthage ; and the Cartha- 
ginians themfelves were fo terrified, that having ap- 
prehended by this Defign, they fhould be obliged to 
give up their Fleet, and to retire inland five Leagues 
from the Sea, they chofe rather to expofe themfelves 
to the Hazards of the third Punick War (fo fatal to 
them) than to renounce, fo eafily, the only Hope 
that could remain to them in their Misfortunes, and 
voluntarily confent to fee their Commerce ^^k to Utica, 
V'here they knew the Romans, to atchieve their Ruin, 
propofed to transfer it, as we have faid Alexander did 
that of Tyre, to the new City he had given his Name 
to, when he determined to punifh the Tyrians for 
having dared to retard his Conquefls. 
o«...-,r„^^ Alexander lived toofliort a Time 

VOMMERCE . -.,. r r , , ■ 

OF THE to be Witneis of the happy and 

Egyptians. flourifhing State, to which Commerce 

would elevate this laft City. The Pto- 



lemies, who after his Death had Egypt for their Part 
of his Conquefi'*, took care to fupport the Infant 
Trade of Alexandria, and foon brought it to fuch a 
Degree of Perfeclion and K.vtcnt, as to buiy in Ob- 
livion both Tyre znd Carthage, which, during fo long 
a Time, had c;nried it on, almoil alone, and had; 
reaflembled to them the Commerce of all other Na- 
tions. 

The fo fudden Succefs of the Commerce of Alexan- 
dria, ought not to occafion much Surprize, when Re- 
flexion is made on its happy Situation, which ren- 
dered it fo commodious to be tlie Depofitory of all 
Merchandi/.es fi om tlie Fall: and Weft. 

This famous City had on one Side a free Commerce 
with Afta, and all the Eafl, by the Red Sea ; the 
fame Sea and the Nile, gave her Entrance into the 
vaft and rich Countries of Ethiopia. The Commerce 
of the reft of Africk and Europe, was open to her by- 
the Mediterranean; and if the would carry on the /;j- 
terior Commerce of Egypt, flie had befides tlie Conve- 
niency of the Nile, and Canals made by the Hands 
of Men, (Works immortal, and almoft incrediblcj 
of the firft Egyptians) fhe had, I fay, the Help of 
Caravans, fo convenient for the Safety of Merchants, 
and for the Tranfportation of their Merchandizes. 

There was added a large and fafe Port, where fo- 
reign VefTels arrived from all Parts, and from whence 
departed inceffantly the Egyptian VefTels, which car- 
ried their Merchants and Commerce to all Parts of the 
then known World. 

It was this Conveniency of depofiting Merchan- 
dizes at Alexandria, that fpread thro' all £ij-v/)/ thole 
immenfe Riches, which rendered their Kings fufli- 
ciently powerful to fupport themfelves, for more than 
an Age, againft the Romans, who endeavoured from 
Time to Time, to fubdue fo fine a Kingdom : Riches 
fo confiderable, that Hiftorians affirm, that the Pro- 
duct only of the Cuftoms of Importation and Expor- 
tation, upon the Merchandizes that pafTed the Cuf- 
tom-houfes oi Alexandria, amounted annually to more 
than thirty millions of Livres (or about 2,250,000/. 
Sterling) tho' the major Part of the Ptolemies were 
moderate enough in the Imports wfiich they laid on 
their People. 

Before the Battle of Atiium, the p 
Romans had always found, in the Spoils ^^ 
of the Nations they had fubje£ted, from Romans 
whence to fill the Treafury of the Re- 
publick, and at the fame Time to furniih a Suffici- 
ency for the Expences, in which the Plan of an uni- 
verfal Monarchy continually engaged them. 

Thefe Refources beginning to fail them, the Com- 
merce of Egypt feemed very proper to fupport by its 

Riches 



from its Original* 



Rithcs (and as I may fay, by its Credit) the Repu-: 
tation and Empire of Rqiiw. 

From the Time tint Augustus had reduced tfiis 
Kir.gclom to a Province, lie earneflly endeavoured to 
make the Truth of Altxandria flourilh more than ever, 
and at the fame Time he augmented that, which the 
Egyptians had always maintained, or carried on in A- 
ralila, the Indies, and to the moll remote Parts of the 
Eafl, by Way of the Red Sea. 

Alexandria become Roman, was only inferior to 
Rome itfelf, in Grandeur and in Number of Inhabi- 
tants. The Magazines of the Capital of the World, 
were no longer filled but with the Merchandizes 
which came to it from the Capital of Enpt ; and 
very foon neither Rome, nor all Italy lubfified, but 
by the Corn r;nd other Provifions, brought to it by 
the Merchants and Egyptian Fleets ; and that in fo 
great a Quantity and Abundance, that an Hiftorian 
(Jofephus) affirms, (tho' doubtlefs with fome Exag- 
geration) that Alexandria yielded more Riches to the 
Treafury of Ro?ne in one Month, than all Egypt in 
a Year: Tho' if /'//«j's Calculation is to be credit- 
ed, the Profits of the Commerce of Egypt, amounted 
yearly for Rome, to 125,000,000 Crowns * (and 
thefe at 54(/. to about 28,125,000/. Sterling, as the 
Exchange is thro' this whole Work) that is to fiy, a 
hundred Times more than the Romans employed, 
whofe ordinary Expences did not amount to above 
1,250,000 Crowns. 

This great Trade, (which foon made that of all the 
other Provinces of the Empire flourifh) augmented 
inceffantly, and made the Senate determine to main- 
tain it, by the Corporations it eflablifhed in Rome, 
for Trade and Traders, by the Laws which it made 
in their Favour (or rather by thofe of the Rhodians, 
which it adopted, and which are long fince become a 
Specie of the Law of Nations, for the Navigation 
snd Commerce of the Mediterranean) by the Magillra- 
cy it encharged with their Execution, and by the Pro- 
teSion which it afforded to the Merchants, as well 
Strangers as Romans, in all the Extent of the Em- 
pire. 

Alexandria, notwithftanding, had in the End the 
Fortune of Tyre and of Carthage. Trade had raifed 
her, and the Fall of her Tra^/f overfet her. Thei'd- 
racens, who feized on Egypt, in the Reign of Heraeli- 
us, having by their Fiercenefs driven away the Mer- 
chants, who love Tranquillity and Peace, this City, 
which then held- the firfl: Rank after Rome and Con- 
Jlantinople, hardly preferved any thing of its ancient 



5' 

Splendor; and t!io' it afterwards regained fome \^i- 
gour under the Sultans, and the fume now from the 
Chriflian Nations, which carry on the Levant~TTS.Q^, 
and maintain a tolerable good Bufinefs ; it is, how- 
ever, no longer polfible to know again that ancient 
Alexandria, fo famous, and which by its Trade, was 
for fo long a Time the Glory and Support of an 
Empire, which in Truth, was founded by Arms, but 
that received its principal Strength from Commerce. 

Before we proceed to treat of the ^ 
Commerce or the Moderns, we will yet 
add fome Examples of the Gallick Ci- Gauls 
ties, which were formerly rendered fa- 
mous by the Enterprizes of' their Merchants. 

It is eafy to demonflrate to the French of the pre- 
fent Times, (to excite them to revive their Trade) 
that the Gout and Genius of the Nation, has beea al- 
ways divided between the Glory, which it acquired 
by its Artns, and the folid Advantages produced by 
Trade. 

Marfeilks, the moft ancient Ally of the Romans, e^ 
qually celebrated for its Antiquity, for the Wifdom 
and Equity of its Senate, for the Sciences taught in 
its Academies, for the many Colonies it eftablifhed, 
and for the Wars it gloriouily maintained againft fo 
many different People, jealous of its Riches, was in- 
debted only to its Trade for thefe Advantages ; and 
it was folely by the Means of Commerce, that it ar- 
rived in fo fhort a Time, to that high Point of Re- 
fpe£l and Power, as to render it for a long Time the 
Arbitrator of the neighbouring Nations, who were 
drawn there to learn the Arts and Politenefs of 
Greece, which its firfl: Inhabitants brought from Afia, 
when they left it, to fettle among the Gauls. 

The Example of Marfeilks foon animated the 
greatefl Part of the French Cities to Trade, more 
efpecially thofe that were fituated upon the fame Sea, , 
or that were not far diftant. 

Aries became famous for its Experience in Navi- 
gation, and for its Ability in the Art of building Ships. 
It hkewife diftinguifhed itfelf for the Invention of di- 
verfe Manufaflures, and above all its Works in Gold 
and Silver gave it a great Reputation. 

Narbonne even yet exceeded Aries, and fo long as 
its Port exifled, it faw arrive Fleets from the EaJ}, 
Africk, Spain, and Sicily, loaden with all Sorts of 
Merchandize ; vvhilll: the Inhabitants on their Side, 
equipped their own Ships to carry abroad the Pro- 
du£ts of their Country, or the Manufactures which 
were owing to their Indufliry. 



• Monf Savary calculates a French Crown to be worth 54^/. Sterling, at the Time of his writing, tho' it is greatly 
altered fiiice. 

When 



Afi Hijlorical DeduSiion of Trade 



When the Alteration of the Courfe of the River 
Avdi, had accahoned its deierting the Port of Nar- 
boiine, MmtpcUi^r took the Advantage of that's De- 
cUne; and this laft City, received in her own. Ships 
tVom all Par^s of the ALditcrranean, which arrived 
before in that of the firft mentioned. 

There were yet reckoned among the Number of 
thtF'rcviih Cities, fituated on this Coaft, which Trade 
had rendered flourifliing (tho' in a very inferior De- 
gree to thofejuft now mentioned) Agde, Toulon, An- 
tibes, Frejus, and Aigiie-Mortc, particularly the laft, 
before the Sands of xht Rhone had left it at a Diftance 
from tiie Sea; andnoone can be ignorant, that even 
to the Time of St. Lfivis, this was where the Em- 
barkments were made for the holy Wars, and that it 
was the Merchants of this Place, which furnifhed 
that great and holy King, with the greatefl; Part of 
the Ships, thatcompofed that numerous Fleet v^'hich 
lie fitted out in the lafl: Ycariof his Life, for his Ex- 
pedition agairift funis. 

The Cv.llick Ocean had likewife its Ports and Ci- 
ties for Trade of great Reputation ; as Bourdeaux in 
Cayenne, Vannes and Nantes, in Brrtirgne ; and the fa- 
mous Ccrbillcn, (now unknown) which Strabo places 
near the IV'Iouth of the Loire. 

In fine, in the inland Country was Lyons, (a City 
yet fo famous for its Trade) where, if we may be- 
lieve fome Authors, there formerly afTembled, no 
lefs than fixty Nations, to treat of their Commerce, 
and which, from that Time, (by its happy Situation 
at the Confluence of the Rhone and Saone) extended, 
as one may fay, its Arms, from the Ocean to the Me- 
diterranean, and was become as a general Staple, or 
Storehoufe, for all the French Merchandizes, without 
reckoning the Trade, which fhe carried on in all the 
Levant, and particularly in Egypt, by Means of the 
Correfpondences which flie had with Arks and Mar- 
Jcilles. 

Let us now pafs from the ancient 
Rf.e-,ta- lljpory, to thofe of the middle Age, 
ELisHMENT jjj^j ,,j(^.^ Tmci ; and thefe two Hifto- 

OF • . 

r^,,,,,.B„r.c ries will furnifli us with Fafts, which 

»„OMMERCE M 1 1 r • n- i r i 

IN THE '^'" ^°^ be iels intereihng, nor lets glo- 
VVest. rious to Commerce, than thofe of which 
Antiquity has taken care to preferve to 
lis the Memory. 

The Fall of the Roman Empire had tlrawn after it, 
that of all the People who had fulimittcd to it. The 
Inundation of the Barbarians, fo fatal to the Sciences 
and polite Arts, was not lefs fo to Trade; and if the 
Learned fnw their Libraries, and the finefl: Works 
facrificed to the Flames, by People equally fierce and 
ignorant ; the Merchants had not more Power to fave 



from their Fury, either their numerous trading 
Fleets, with whicli they covered both the one and the 
other Sea, nor the vafl Magazines, which they had 
always full of Merchandizes the moft ufeful and rich. 

So that whilil thele Nations, greedy of Blood and 
Pillage, were fighting with lheR->mans, orwhiift they 
were difputing among themfelves the Poffeflion of the 
Countries thev had ufurped, all their Commerce con- 
fifted only in the Spoils of the vanquiflied ; and they 
had no other Trade,\.\\a.n the fharing of thofe immenfe 
Treafures which they found amaffed in all the Towns 
of the Empire which they facked, and particularly in 
the Capital, which was more than once expofed in 
Prey to their Fury and Avarice. 

But after that the braveft and mofl: fortunate of 
thefe Barbarians had formed puiffant Monarchies 
from the Ruins of the Roman Empire : After that they 
were eftabliflied, fome among the Gauls, as the 
Franks ; others in Spain, as the Gotbs ; and others yet 
in Italy, as the Lombards ; they loon learnt from the 
People thev had fubje£ted, and whom they had after- 
wards aflbciated, the NecefTity of Commerce, and the 
Manner of carrying it on with Succefs; and they be- 
came fo fkilful, that fome of them were in a State 
or Capacity of giving Lefibns to others; for it is to 
the Lombards that the Invention and Ufage of the 
Bank, of Books with double Entries, of Exchanges, 
and a Number of other ingenious PraiSlices, which 
facilitate and fecure Trade, are commonly attributed. 

It does not appear very certain w-ho were the Peo- 
ple of Europe, which (after that the new Mafters had 
divided it, and recalled Peace) applied themfelves firll 
to Trade, and made it flourifh. 

Some Injunctions of Charlemagne, and of Louis de 
Debonnaire might make it believed, that it was by 
France, that Commerce re-eftabliflied itfelf in the Well, 
and the Laws that thofe two Princes made, either to 
hinder their Subjeds from a contraband Trade with 
their Neighbours, or to eafe the Merchants, which 
trafficked in the interior Parts of their Eftates, from 
the new Impofitions which they would have laid on 
their Merchandizes, at leafl: fhews that the French, 
before the eighth Century, did not carry on an in- 
confiderable Trade, either within or without the King- 
dom. 

There is, however, an Appearance, that the Civil 
Wars, which were fo frequent under the Reign of 
Debonnaire, and during that of hi? Children, foon 
interrupted the firft Succefs of Commerce (revived in 
France) and the Incurfions of the Normans, which 
laid wafte almofl at the fame Time the French Empire, 
having entirely deftroyed Trade; the Italians had a 
Juncture to acquire the Glory of being its new Re- 

florers. 



/' 



rom Its 



Itorers, as they ought to have that of afterwards 
recalHng the liberal Arts and Sciences, which had 
been banifhed ever fince the difmembering the Ro- 
man Empire. 

It is therefore to the People of Italy, particularly 
to thofe of Venice and Genoa, that the Re-eftablifh- 
ment of Commerce is indebted ; as it is alfo to Com- 
merce that thefe two famous Republicks, which have 
been fo long Rivals, owe their Glory and Puif- 
fance. 

In the Bottom of the Adriatick Sea, 
Commerce there were a Quantity of fmall marfhy 

OF THE Illes, feparated only by narrow Canals 
Venetians, but covered, and (as one may fay) 
fecured, by diverfe Moraffes, which 
rendered the taking them almofl imprafticable. Here 
fome Filliermen retired, and lived on the fmall Traf- 
fick which they made with their Fifh, and of the 
Salt which they drew from the Ponds on fome of thefe 
Ifles. 

It was thefe Iflands which ferved for a Retreat to 
the ^e^letial:s, a People of that Part of Italy which is 
along the Gulf, when Alaric King of the Goths, and 
afterwards Atlila King of the Huns, came to ravage 
Italy, 'particularly after that this lalf (who highly me- 
rited the Name of the Scourge of God, which he 
had given himfelf) had taken Padua and Aquila, and 
had reduced them to Afhes. 

Thefe new Inhabitants of the Moraffes, did not at 
firft compofc any Body Politick, but each of the fe- 
venty-two Ifles of this little Archipelago had for a 
long Time their proper Magiftrates, and, as one may 
fay, a feparate Sovereignty. 

When their Commerce became fo fiourifhing as to 
give Jealoufy to their Neighbours, the Venetian IJlan- 
ders thought of forming themfelves into a Repu&lick, 
and it was this Union (firft begun in the fixth Century, 
but not perfected till towards the Middle of the 
eighth) which laid the raoft folid Foundations of the 
Poiver and Commerce of the Venetians, particularly 
that of the lafl, which during more than four Ages, 
had not in any ref|)e(£l: its Equal in all Europe. 

Until the Union of the Ifles, the Trade of their 
Inhabitants fpread but little beyond the Coalls of 
the Mediterranean ; but the Eftablifhment of the new 
Republick, having given Courage and Strength to 
their Merchants, their Fleets were in a fhort Time 
feen to vifit the moft diftant Ports of the Ocean, and 
afterwards thofe of E^ypt ; and by the Treaties made 
with the Sultans, under the Pope's Approbation, fe- 
cured the Trade of Spicesj6*and other rich Merchan- 
dizes of the Eaft, which they were to purcliafe at 
Cairo, a new City the Saracen Princes had built on 
the Banks of the Nile. 



Original. 7 

The Riches of die renetians encre.^fed to fuch a De- 
gree, by the Commerce with Ei>jpt, that they thought 
themfelves ftrong enough to luulertake fome Con- 
querts, and to form, from the taking a Number of 
important Towns, what they called their State of 
Terra Jirma, which rendered them yet more confi- 
derable in Italy, tho' they loft a Part, after the famous 
League of Cambray. 

Animated by thefe firft Succefles, and fupported 
by the Refources of their Commerce, and by the in- 
exhauftable Funds, which their MerchaJits were ca- 
pable of furnifhing to the Treafury of the Republick, 
Venice happily carried her Arms yet firther, and ex- 
tended her Conquefts on the Side of the Morea, and 
in many of the principal Ifles of the Mediterranean 
and Archipelago, which ihe fubjecled to her Domin-i- 
on ; and to complete her Glory, flie had a great 
Share in almoft all the Croifades which were made 
for the Recovery of the Holy Land, or for the Suc- 
cour of the Chriftians of the Levant, as well as the 
taking of Conjlantinople, and the Conqueft of the beft 
Part of the Grecian E.npire, which pift under the Do- 
minion of [\\e French Princes, in the beginning of the 
thirteenth Century. 

Venice was in this State of Profperity and Glory, 
when fhe experienced the Lot of fo many power- 
ful Cities, which the Fall of their Commerce had ei- 
ther ruined or weakened ; fhe found in the Diminu- 
tion of her own, the fatal Term of that Puifl'ance 
which had given Umbrage to fo great a Number of 
Princes combined to her Deftru£lion, who figned 
the Treaty of Cambray in 1 508, and two of her moft 
celebrated Hiftorians take particular Notice, that 
their fage Senate had not had fo much Trouble to 
re-eftablilh their public Affairs after the famous Battle 
oi Aignadel; but becaufe the Republic could not any 
longer find the fame Refources as heretofore, in the 
Trade of the Merchants, already greatly enfeebled 
by the Lofs of that of the Spices, which the Portii- 
guefe had begun to carry from them, and which was 
yet diminifhed from another Side, by the Provincials, 
particularly by thofe of Marfeilles, who became in 
greater Eileem than the Venetians at Conjlantinople, 
and in the principal Sea-Ports of the Levant, and who 
knew fo well how to maintain their Credit, thatverv 
foon all the Commerce of thofe Parts, was only carried 
on under French Colours. 

Genoa, which had re-commended an 
Application to Commerce, at the fmie Commerce 
Time with /^fv;/r<', and had not been in of tHE 
any Degree lefs fortunate in making it Genoese. 
flourifh, was for a long Time a troublc- 
fome Rival, who difputed with the /V/ifV/rt/;/ the Em- 
pire 



8 



j!^n Hiflorlcal DediiEtioji of Trade 



pire of the Sea, and who fhared with them the 
Trade, which they carried on in Egypt, and in all the 
other Ports of the Levant, and of the Weft. 

A Jealoufv was not long in breaking out, and the 
two Republics having come to Blows, it was not 
till after three Ages, of an almoft continual War, (only 
fufpendcd by fome Treaties) that the Genoep (com- 
monly (uperior to the Venetians, and which was figna- 
liied by many Advantages that they had gained, du- 
ring the new Wars they had together) lolf about the 
End of the fourteenth Century, their Reputation 
and Superiority at the Battle of Chiczza, where 
Andrkw Contarini, Doge, and General oi tht 
Venetians, fecured to his Republick (by a happy Def- 
peration) the Honour of an unequal Combat, which 
decided forever a Quarrel fo famous, and brought to 
Venice the Empire of the Sea, .and the Superiority of 
Trade, which were the Reward of a Victory fo un- 
expected. 

Genoa was never able to rife again from its Lofs, 
and vittorious Venice enjoyed for a whole Century 
its Advantages, both in Trade and War ; but in fine, 
thefe two Republics, altho' very unequal for the 
Rank which they have now in Europe, and for the 
•Figure that they make, are become as one may fay, 
to a Sort of equality in Trade, with this Difference 
however, that the Venetians carry on a greater than 
the Genoefe in th^ Levant ; and (h^ GenoeCe a more 
confiderable one than the Venetians in France, Spain, 
and (Uher Chriftian States in Europe. 

At the Time Commerce recommen- 
ced and gained Strength in the me- 
ridional Farts of Europe, there was 
formed in the North a Society of 
Merchants, which not only brought it 
to all the Perfection it was capable 
of having, before the Difcoverv of the one and the 
other India, but alfo begun to give it thofe Laws it 
has continued to obfcrve under the Name of Ufes and 
Sec Cujloms, and to form a Sort of Code, the firft of 
all thofe which have been made for the Marine-Trade. 
T his Scciety is the famous Allbciation of the Vfanfea- 
iiti Tozvns, which is commonly believed to have be- 
gun at Bremen on the Wefer, in 1 164. 

It was not at firft compcfed of more tlian the 
Towns, fiiuntcd on the Bclthk-Sea, or of thofe that 
were l)ut little d.ifiant. Its Reputation and its Forces 
encreafing, there were but few of tlie trading 
Towns in Europe, which were not defi.'-ous of en- 
caging in it. France furniflied lo the Confederation, 
Rouen, St. MiJo, BourJecux, Eayonne, and Marfeilles ; 
Spain, Barcelona, Sevil, and Cudiz ; England, 
.London; Portugal, L-Jlon; ihcL.ov. Countiiils, 



-Commerce 

OF THE 

Hansea- 

TICK 

Tn\\NS. 



An'Oers, Dort, Amjlerdam, Bruges, Rotterdam, OJlenii 
and Dunkirk ; Italy and Sicily, Mejpna, Livormt, 
and Naples. 

The End of the fourteenth Century and the Be- 
ginning of the fifteenth were the moft flourifhing 
Times of this Alliance ; it was then it prefumed to 
declare War againft Kings ; and Hiftory has not for- 
got, that which it made againft Waldemar , King of 
Denmark about 1 348, and againft £r/V in 1428, par- 
ticularly this laft ; where the Hanfeatick Fleet was com- 
pofed of forty Ships, with twelve thoufand regular 
Troops, exclufive of the Sailors. 

The Policy of the Prmces, whofe principal Towns 
had entered into this AiTociation, thought it ought to 
give Bounds to a Power, which began to grow fufpi- 
cious, and which had not faile^J to become very fooii 
formidable ; the Means was eafy and ftiort, each one 
withdrew their Merchants from the Alliance, which 
in a little Time (of that large Number ol Towns oF 
which it was compofed in its greateft Power) found 
itfelf reduced to only thofe that had begun the Con- 
federation ; Towns, notwithftanding ftill lb puiflant 
by their Commerce, that thev were admiiied to make 
Treaties with the greateft Kings, and particularly 
with thofe of France, as very lately happened in the 
Reign of Lewis XV. and in the Regency of Philip 
Duke of Orleans. 

Some Towns of Loiver Germany ftill preferve the 
"Name of Hanfeatick Towns, but for the greateft Part, 
this is rather a Title with which they aiin to honour 
themfelves, than a Mark that they continue to carry 
on Trade, under the Laws and ProteQion of the an- 
cient Alliance, there not being more now than Lv^ir^, 
Hamburgh, Bremen, Ro frock, Brunfwick, Cologne, and 
a few others, which are truly Hanfeaticks, and of 
which the Deputies are found at the Aflemblies, either 
ordinary or extraordinary, v/hich they have for the 
common Intereft of the Ajjociation. 

The great Trade which Holland carries on with the 
Hanfeatick To'vns, does not contribr.te a little to 
fupport thepi in a Part of their ancient Reputation ; 
.and it is particularly to the Alliance which they have 
with that powerful Republic, that they owe the Pre- 
fervation of their Liberty; the Succours which fome 
of them have received, has more than once faved 
them from the Enterprises of the Princes their Neigh- 
bours, who either prc[end to have a Right over them, 
or were jealous of th; Riches that their iMer>.hants 
amafs in Trade. 

It is alfo Comm'-ree, and the immenfe 
Riches which the D :><% have acquired t-o?.i.\i£RCE 
by it, that laid the firft and moil iolid ^^; '^"^ 
Foundations of that Pov.cr, which has 

•pldLjJ 



from its Original. 



placed them !n a Condition to give fo great Succours 
to their Allies ; and it is only to the Refources, which 
they have found in their Trade, that they owe that 
Degree of Strength and Credit, in which at prefent 
their Republic appears ; a Credit fo great and fo well 
eftabliflied, as has already for a long Time rendered 
it equal to Kings, and in fome Sort the Arbitrator of 
their Differences. 

The Inhabitants of the Loiu Countries have always 
been diftinguifhed by their Trade, but the Riches 
thereof has alfo always rendered them fierce, and 
impatient of any Sort of Yoke, even the mofl eafy 
and moderate. 

Thefe Provinces, already fo well known, by their 
continual Infurredtions againfl: their befl Princes, hav- 
ing part in the fifteenth Century under the Domini- 
on of the Spaniards, they prefentjy found in the Se- 
verity natural to that Nation, Motives to excite their 
faffious Genius, and under a pretended Violation of 
their Privileges, by their new Maflers, they united 
to fupporl them, and combated fo fortunately for 
Liberty, that with the Aid of the powerful Protec- 
tors, who declared for them, (and particularly France) 
feven among them in the End formed this Republic, 
which in lefs than half an Age has carried its Arms 
and Commerce into all Parts of the Earth, and has 
made Eftablifliments fo folid, that there are no 
Powers, who appear capable ever to fhake them ; nor 
is there any likelihood that its Fall will come, but 
from itfclf; and that it cannot fink, but under its own 
Weight, and only by Means of the too great Extent 
of Trade, which it may not be longer in a Condition 
to fupport. 

The Spaniards, to flop the Progrefs of this new- 
born Republic, believed that the hindering their 
Trade would fuffice, and to prohibit that which its 
Merchants had always continued, (notwithftan^iing 
the War) in all the Ports of the Spani/h Dominions. 

The Project was effeSual, and the Dutch, depri- 
ved of this Refource, would have found themfelves 
reduced to the laft Extremity, if the mofl: daring of 
their Merchants had not taken the Refolution to go 
to the Eaji-Indies, to partake, if it was poffible, with 
the Portuguefc, (then united with the Spaniards) the 
immenfe Riches, which the Oriental Trade pro- 
duced. 

This Enterprixe, which appeared far beyond the 
Power of thefe People, but ill fixed in their Liberty, 
or rather who ftill fought to obtain it; this Enter- 
pri/.e, I fay, after fome unfuccefsful Voyages, was 
in the End fortunate, and they fitted out twenty Fleets 
in lefs than ten Years, which returned loaden with 
Spices and other Merchandizes of the Indies, as well 



as with the Spoils and Booty of the Spaniards and 
Portuguefe. 

And to prevent the Confufion and Diforder, that 
fo many different Companies, which were daily form- 
ing, and that had nothing in common but the Ob- 
je£t of their Trade, might bring to it, it was then 
determined, by uniting them all together, to form 
that famous Dutch Eaji-India Company, which feems 
incefTantly to gain new Strength, and which, after 
above an Age's Continuance, has not fuffered any 
Misfortune or Diminution of its Power and Glory. 

This great Eftablifhment was made in the Year 
1602, and it is this that has fervcd as a Model tofo 
many other celebrated Companies, which have fince 
carried a Trade from Holland to all other Parts of the 
World, and particularly to the Ports of the Levant, 
Africk, the Wejl-lndies, and in one Word, to every 
Place, where Bufinefs could be tranfaffed: Thefe 
able Merchants neglefled not any, and they found 
in the lefs important, as well as in the more confider- 
able. Profits and Refources, which ordinarily efcaped 
the Notice of other Nations. 

It is this Commerce, which may be termed univer- 
fal, that re-affembles in Holland iKis infinite Number 
of Merchandizies, which it afterwards diffufes in all 
the reft of Europe. 

It produces hardly any Thing, and yet has where- 
with to furnifh other People all that they can have 
need of : It is without Forefts, and almoft without 
Wood, and there is not feen any where elfe fo many 
Carpenters, which work in naval Conftruftions ei- 
ther for War or Merchandize. Its Lands are not fit 
for tlie Culture of Vines, and it is the Staple or Mart 
of Wines, which are gathered in all Parts of the 
World, and of Brandies drawn from them. // has 
no Mines nor Metals, and yet there is found almofl: 
as much Gold and Silver, as in Nr-w Spain or Peru, 
as much Iron as in France, as much Tin as in England, 
and as much Copper as in Svjcdcn. The Wheat and 
other Grains that are there fowed, hardly fuffice for 
Nourifhment to a Part of its Inhabitants, and it is, 
notwithftanding, from hence, that the greateft Part 
of its Neighbours receive them, either for their Sub- 
fifiance or Trade ; in fine, it feems as it the Spices 
grew there, that the Oils were gathered there; that 
it nouriftied the precious Infe£ts which fpin the Silk, 
and that all Sorts of Drugs for Medicine or Dy- 
ing were in the Number of its Produces, and of its 
Growth ; its Warehoufes are fo full, and /// Mer- 
chants feen to cany fo much to Strangers, or that 
Strangers come to load in it; Ports, that there is not 
a Day, and it may be faid, a Moment, that Ship» do 
not come in or go out, and frequently entiie Fleets. 
C Tbt 



lO 



An Hiflorlcal DeduEiioii of Trade 



TTi," nevo Commerce of the Miifcovltcs, 
Commerce a Commoxe already fo eftablifhed and 

OF THE extended, and which promircs ftill a 
Musco- more happy Succefs; this Commerce, I 

vixas. ^gy^ whicii we fee grow under our Eyes, 
merits without Doubt not to be forgotten in this Specie 
of hiflorical Abridgment of the Progrefs of Trade, 
and of the Advantages which thereby accrue to thofe 
Nations that apply themfelves to it. 

The Situation of Mufcovy is one of the happieft 
for Commerce, its Frontiers bordering on thofe of 
China, give to // a Facility of carrying Trade on, in 
tTiat vaft and rich Empire, which re-unites, in fome 
Sort, the whole Trciffick of all the Eaft. On the 
Side of the Cafpian Sea, there is ofi'ered to it that 
of Perfia, of Armenia, and of the Eajl-lndies ; it may 
maintain a very confiderable one with Conjiantinople, 
and the other States of the Grand Seignior, by Means 
of the Ports, which it has, or which it may eftablifh, 
on the Euxine Sea ; and Archattgel fecures to it a great 
Traffick, with France, England, Holland, the Lower 
Germany, and many other Nations. 

In fine, to fupport this vaft Trade with Reputation, 
it does not lack any rich Merchandizes, either of 
what it has, of its own Produfls, or at leaft, that 
are found there, both better, and in greater Abun- 
dance than elfewhere; and for the Tranfportation in- 
to its Provinces, of thofe which come to // from 
abroad, // has four great Rivers, whofe Courfes are 
near enough to be eafily joined by Canals, and which 
difcharge themfelves into the four Seas, by which 
this grand Empire is in Part bounded, providing, as 
one may fay, for bringing even into the Capital, the 
Spoils of all the reft of the World. 

So many Advantages were for a long Time neg- 
lefted, by a Nation equally fierce and lazy, and where 
the natural Indolence was yet maintained, by the po- 
litical Diffidence and Sulpicions of the greatefi: Part of 
their Princes, which had prohibited them all Com- 
munication with Strangers. 

It is true, that after the Englift.y had difcovered, by 
a fortunate Hazard, the celebrated Port of Archangel, 
all Nations which carried on the Northern Trade, had 
a free Admittance into this Part of the Czar's, Eftates, 
but it was not properly till the glorious Reign of 
Peter the Great *, that Mufcovy knew her Strength 
and true Interefls, in Regard to Commerce ; and it is 
to this Monarch, (always vigilant for the Glory of his 
Nation, and the Profperity of his People) that it is 
indebted, for having already carried /V/Tr^c?^, almoft 

* This great Prince died in the' Year 1 725, 



to all Places, where other Nations of Europe have 
eftabliflied theirs, and where, till then, the Name 
and Empire of the Mufcovites were hardly known. 

It is to the Year 1697, that the Epocha of the 
Eftablifhment of this new Commerce ought to be 
fixed ; a Year which fhould for ever be confecrated 
in the Mnfcovite Feafts, fince it was at that Time that 
the political ^^oyages of the Czar, Peter Alexowitz 
began, and that this Monarch formed the Grand De- 
fign of changing the Face of iheRuJJian Empire, and 
by introducing Trade, to bring in alfo in its Train, 
PoUtcnefs, the Sciences, liberal Arts, and the many 
other Advantages, which are ordinarily the Fruits of 
them. 

For the Execution of a Proje£l: fo worthy of him 
that had conceived it, that famous Embaffy, to which 
was given the Name of the Grand EmbaJJy, which 
without doubt it merited, on Account of the Czar's 
Prefence, who determined to be there in Perfon, tho' 
incognito, and mixed in the Train of the Ambajfadors, 
was feen to arrive in Holland, and afterwards pafs over 
to England. 

The Pretext was the Renewal of the ancient Trea- 
ties : The true Reafon was, that the Prince this Way 
found an Occafion to come and fludy with thefe two 
Nations, fo fkilful and fortunate in Trade, the mod 
fure Grounds of that, which he defigned to eftablilh 
in his own Eftates. 

It was then, that defpoiled of the Marks and Gran- 
deur, and mingled with the moft fimple Workmen, 
he did not think it unworthy ofhisMajefty and of his 
Rank, to employ his royal Hands, in the fame Works 
as they. 

Sometimes with the Mallet and Chiffel in Hand, 
he worked in the Yards, at all Sorts of Naval Con- 
ftrudions, which could make the Marine flourifh. 
Other whiles, attentive to the LefTons of fome 
knowing Pilot, he informed himfelf of the diverfe 
Points of Wind that reigns at Sea, or learned the 
Manner of ufing the Compafs and Sea Charts for a 
fafe Navigation. At other Times he took the Shuttle, 
and ftudied in the Manufactories the Art of making 
thofe fine Cloths, which the Englijh and Dutch had 
till then fold fo dear to his SubjeQs. Sometimes alfo, 
by Converfation with the moft able Merchants, he 
fought to penetrate into the Secrets of the Bank and 
Exchange, and to fecure before-hand Correfpondents 
at L'jndon and Amjlerdam to the Bankers, which he 
propofed to eftablifti in the principal Towns of his 
Eftates. In fine, nothing efcaped his Curiofity, nor 
from the Defire which he had to form his Subjc6l:s to 
Arts or Manufadures j and as if he defigned fome- 

time 



from the Original. 



II 



time or other to ferve them as a Mafler in the Fabric 
of all Sorts of Works, he hlmfelf ferved a Sort of 
Apprenticefhip, and he was feen airidiious in the 
\Vork-Houfes of the mofl: able Artificers; here to 
handle the Iron with the Blackfmith, there cutting 
Wood with tlie Carpenter; in another Place, twift- 
ing Hemp with the Ropemaker ; and in one Word, 
to work at all the Trades which are cullomary to 
fupport Commerce, and render it flourifhing. 

It cannot be expreffed how many Eflablifhments, 
favourable to Trade, and till then unknown to the 
Mufccvites, were the happy Confequences of the cu- 
rious Difcoveries of a Prince fo univerf.il, and fo at- 
tentive to the Good of his People. 

New Ports are opened in diverfe Parts of his E- 
ftates, and that of Peterjburgh feems already to vie, 
even with that of Amjlerdam. The numerous Fleets, 
almoft all built in the Yards of the Czar, and armed 
in his Arfenals, fecure the Maritime Commerce of his 
Subje£ls, and make the Prince refpefted by his mofl: 
powerful Neighbours, his Merchants already ac- 
cuftomed themfelves to carry to Foreigners (upon 
their own Ships) or to bring from them direQly, all 
Sorts of Merchandizes which Mufcovy produces, or of 
which (lie flands in need ; and their Flag has already 
appeared beyond the Streights, and in many Ports on 
the Coafls of the Mediterranean. 

On the Land Side, with numerous Caravans, they 
make a Road crofs the vafl; Regions of Tartary, and 
being admitted at Pekin, they return loaded with the 
richefl: Merchandizes of China and the Eajl. 

The Junflion of the Baltici with the IVbiteSea, is 
almoft atchieved, by Canals cut in the Lands, with a 
Labour and Expence immenfe and truly Royal ; and 
there lately are others dug to join thefe two Seas 
with the Cafpian, by Means of the Wolga. 

All the Towns are filled with Workmen and Ar- 
tificers, who labour in the Manufaftories ; and thofe 
of Silks and StufFs, are fo well eftablifhed in Mofcovj 
itfelf, that in the one is made fufficient Cloths to 
clothe the Mufcovite Troops, and in the others. Silks 
enough for the Czarina and her Court. 

In one Word, there is no Trade or Manufa£i:ure, 
that flouriflies in the other States of Europe, which 
this fage Prince has not endeavoured to introduce 
among his People, either by attra6ling to his Court, 
and by large Penfions and a powerful Protedion en- 
gaging to his Perfon, the mofl able Workmen from 
abroad, or by fending the mofl docile and induflrious 
of his SubjeQs, to learn in foreign Countries, that 
which each Nation has proper to it, for the perfeS- 
ing ot Arts, and not recalling them until he deems 



them fufficiently inftrucled, to work themfelves and 
teach others. 

Let us now join to fo many Examples, ancient 
and modem, of the Advantages that Comijierce pro- 
duces to States, and among the Nations where it 
flouriflies ; let us add, I fay, fome Examples of Par- 
ticulars, which Trade has raifed to the highefl: For- 
tune. Perhaps thofe which are more affefted by 
their own Intsrefl; than by that of the Public, may 
herein find Motives and Inducements to animate and 
engage them to a Profeflion, which may be attended 
with fo great and happy EffeiSls. 

France will furnifli us with the firfl, and we fhall 
find a fecond among the fovereign Houfes of Italy, 
both equally celebrated and Angular. 

fames Coeur, Native of Boiirges, A\'as 
Son of a private Merchant ; he followed A'^^ ^ 
the Profeflion of his Father, but with 
fuch fpeedy and happy Succefs, that an Author afllires 
• us, he gained more alone, than all the Merchants of 
the Kingdom together. 

His Commerce was extended in all the Mediterra- 
nean ; he trafficked in Afia with the Turks or Perjians 
and the other Subjedls of the Sultans of Babylon, and 
in Africk with the Saracens. 

It was by the City of Montpellier (which then was 
the only Entrance of the Kingdom on that Side) that 
he carried on fo great a Trade ; this alfq was the only 
Reafon that could render that City dear to James 
Coeur, with which he had not otherwife any Connexi- 
on, and confequently this was the fole Motive that 
could determine him to embellifh it. After fpeaking 
of a Fountain which he made, where his Arms flill 
remain, we fhall enlarge a little on the common Ex- 
change of the Merchants, known at Montpellier un- 
der the Name of the Loge, which he built, that 
this Edifice might have a remarkable Conformity 
with the Commerce of the City, as it is vifible, he 
never dreamt of undergoing the for. ler, but with 
the View of augmenting and facilitating the latter. 
This Building, which fiill fubflfts, is folid and mag- 
nificent. What is admired above ail, are the Bajja 
Relievos in Medallions, which ornament the Front, 
and which employ the vain Curiofity of thofe, who 
have yet the Weaknefs to give into the Search after 
the Philofopher's Stone ; thefe are to them, fo many 
enigmatical Emblems, under whicli they imagine, 
that James Coeur, has hid the Mylleries of the 
grand Work, of which he had made ufe (as they 
pretend) to acquire his immenfe Riches, which not- 
withllanding, he only owed to Trade, as Mr.Ajlruc 
believes. 

C 2 His 



12 



A?! Hiftorkal DeduEiion of Trade 



His great Riches, acquired by a Way fo lawful, 
and the Probity with whicli he always conduced his 
Bufinefs, having rendered him famous among 
Foreigmrs, and known at Court, Cbarles^W. called 
him to the Miniftry, and trufled to him the Manage- 
ment of his Finances, making him Grand Trea- 
furer. 

His Elevation did not in the leafl interrupt his 
Trade, but, on the contrary, ferved him to continue 
it, with greater Reputation and Succefs ; but then 
this generous Merchant, whofe Heart was yet greater 
than his Fortune, had the moft noble Views in his 
Commerce, and preferring the Intereft of the State, 
to his own, it was much more in his peculiar Funds 
than the Prince's Exchequer, that he found Re- 
fources, not only to re-efiablifh the Kingdom (ex- 
haufted by a long War) but to enterprize againft the 
ancient Enemies of the French^3.me, and to re-unite 
to the Crown one of its finefl: and richefl Provinces, 
which had been for a long Time in the Hands of the 
Englifl. 

In eiTefl, very foon the Armies were only ralfed 
and maintained at the Expence of this difmte- 
refted Minifter; he advifed the Conqutft of Norman- 
dy, and he alone was at almofl all the Charge. When 
he went in embaffy to Rome, a Fleet of twelve Ships 
which accompanied him, laelonged to him entirely, 
and it was he that was, at all the Expence of fitting 
them out. In a Word, after Charles had (as one may 
fay) alTociafed James Coeiir in the Government of 
the State, there was nothing in France that was great 
, and confiderable, which was not fupported by the 
Credit of this fage and rich Merchant, and wherein 
he did not employ the better Part of the great Ef- 
fefts, that arofe to him from his Trade ; Mr. AJlruc 
fays, his very Difgrace, which it appears he never 
merited, feemed to have rendered him illuflrious. 

It is true that the People, accuftomed to fancy a 
Myftery and Prodigy in Things that furprized them, 
snd were above their Comprchenfion, reported, that 
"James Coeur owed his Fortune to the Secret of mak- 
ing Gold, which always ftrikes the Defire, and 
Defpair of Chymifls ; but it is truer, that all the 
Philofophcr's Stone of this fortunate and able Mer- 
chant, only confifted in his great Trade ; and that he 
knew no Chymiftry more proper to operate the 
Tranfmutation of Metals, than the immenfe Traffic 
that furniflied him with thofe rich Merchandizes, of 
which his Storehoufes were always full, and which' 
he exchanged with fo much Profit againfl Gold and 



Silver, that an ignorant and credulous Populace at- 
tributed it to tlie Perfection of the grand Work, 
which it imagined he had had the good Luck to find 
out. 

The other Example of Fortune and rj. 
Glory, to which private Particulars House 
had attained, by the Means only of Coot- ^p. 

merce, is not lefs remarkable, though Medicis. 
more illuflrious. 

The Family of Medicis has been always praife- 
worthy and commendable, both for the Antiquity 
and Noblenefs of its Origin, and the Greatnefs of 
its Credit and Riches. 

From the eleventh Century it has had great Men, 
and there is found in Hiftory an honourable Succef- 
fion of the Race of Medicis, who in this firfl: Age 
of their Houfe, were equally diftinguifhed by the 
Luftre of ecclefiaftical Dignities, by the Honour it 
acquired in the Profeflion of Arms, by that which it 
found in the Government of States, and in the Chief 
Magiflracies of Cities. 

It was not, however, till the Beginning of the 
fifteenth Century, that this Family (referved to fo 
great a Fate) ought properly to count the Epocha, 
or yEra of its Elevation ; and it is to Cofmo de Medicis 
(that famous Citizen of Florence, who fo juftly me- 
rited the Name of Great, Father of the People, 
and Deliverer of his Country) that it is indebted for 
the firfl:, or at leaf!: the moft folid Foundations of a 
Grandeur, which would be hardly credible, did we 
not fee, even to this Day (1722) their fortunate and 
illuflrious Pofterity, governing with fo much Sagacity, 
thofe fame People, who formerly owed their Liberty 
to the Courage and Prudence of this firfl Citizen of 
their Republic *. 

In effett, after this great Man had (as it may be 
faid) given the Jogg to the Wheel of Fortune, which 
was to raife his Houfe fo high, there were but very 
few Dignities, Honours, Titles, or Alliances, by 
which this Family was not illuflrated ; and in lefs 
than an Age, it gave four Sovereign Pontiffs to the 
Church, two Queens to France, and to the facred 
College more celebrated SubjeSs than any other 
Houfe, even Sovereign ones, had given to it till 
then. 

It was neverthelefs only Commerce that was the 
Source of fo much Renown ; the Anceflors of Cofmo, 
following the Cuflom of the Nobility of Italy, had 
not any ways negleded this Refource, to fupport 
them in the Honours either of the Camp or Cabinet ; 



* This illuflrious Houfe became extindl by the Death of Cnjlon, the laft Grand Duke of Florence, to whom the pre- 
fent Emperor, then Duke of Lorrain fuccecded. 

but 



I 



from its Origi?iaL 



but he, more fortunate, or more intelligent, had 
made fo large a Fortune, that he became even com- 
parable to Sovereigns for his Riches, and he was al- 
ways courted and regarded, on account of the great 
Credit which he prcferved all his Life, in the Af- 
fairs of Itnly. 

Laurence his Brother, who to the Name of Great 
(which he merited as well as Cofma) added that of 
Father of Letters, was fo well known at the Porte^^ on 



account of the Faflors which he 



maintained \n all 
great Number of 



Parts of the Levant, and of the 
Ships which he fent, that Bajazet, the fiirce Otto- 
maii Emperor, not only always regarded him as one 
of his Allies, but even honoured him with the Name 
of his Friend. 

All the other Medicis, which came after thefe two 
great Men, and were (as they) elevated to the chief 
Honours of their Republic, had the wife Policy to 
imitate them, and in no Manner to deprive them- 
felves by a falle Delicacy, of the Utility of their 
Trade; and when, in fine, the great Qualities and 
Merit of another Cofmo, had railed this Houfe to the 
Sovereignty of Florence, neither he, nor his Succef- 
fors, thought it any wavs unworthy of them, to con- 
tinue to feek in an honourable Marine Trade, where- 
withal to fupport (with greater Credit) the Splendor bf 
a Rank, which in fome Sort was owing to it; and to 
this very Day, the Palaces of the Grand Duke are 
never fhut, either to Tradefmen or Merchants, and 
it is not in the lead furpri/.ing to fee his Ships arrive, 
convoying thofe of his SubjeSs, loaded with rich 
Merchandizes from the Levant and other Places, where 
the Merchants ot Livorno and Florence, carry on fo 
confiderable a Trade. 

_ Mr. Savary fuppofes it a Matter of 

Commerce c • »u .. r t- 

Surprize, that among fo manv Lxam- 

OFTHE ^ ^ -' 

French P^^^ ^^ ^^^ Advantages that Trade pro- 
duces in the States where it flouriilies, 
France had not at the Time of his writing, furniified 
any one ; it is owned, he fays, with Regret, that in 
regard of Commerce, the French at prefent are lefs in 
a Condition to ferve as a Model, than they are in 
need of being animated by the Example of others. 

And then proceeds, with making the following 
Queries, and giving the fucceeding Account of the 
Aptitude and Qualifications of the French for Trade; 
and tho' he feems a little partial in favour of his 
Countrymen, I think he exaggerates nothing in his 
Defcription of the Kingdom. 

Will this generous Nation, fays he, fo capable of 
the greatell: Enterprizes, be inferior to others, in this 
Thing only, whillf fhe greatly furpafles them in eve- 
ry Thing elfe ? No furely : And excepting her 



Haughtinefs, which often made her regard Trad.\ as 
little worthy of her, or her Impatience, which almoft 
always difcouraged her on the firfl Difficulties, there 
is certainly no one that could carry on Commerce with 
more Advantage, or to whom (I may affirm) it is 
more proper, when fne will a*>nly herfelf to it in 
earned. 

What is there in effeS wanting to France of all 
that is neceffary to carry on a coriflderable Trade? 

She has an infinite Number of Inhabitants, hardy, 
enterprising, laborious, and at the fame Time full of 
Genius, Addrelii, and Induftry. 

Her Lands, which are as fertile as any in the 
World, deny her hardly any Sort of Fruits, Provi- 
fions. Drugs, and other Merchandizes. 

Her different Provinces, according to the Diverfity 
of their Soil, p'roduce in abundance. Corn, Wine, 
Salt, and everv Neceffary to the Support of Life. 

There is found Silk, Flax, and Hfmp, for all 
Sorts of Stufls and Linens, or other Works which 
are made of thefe Materials. 

Its Paftuies feed an almofl incredib'e Quantity of 
large and fmall Cattle, which ferve for Nourifhment, 
and to furniih excellent Hides and fine Wools, and 
its Mines produce the mod: necefiary Metals and Mi- 
nerals, for Arts and Trades, and for the Fabrick of 
Manufactures. 

If its Merchants inclined to a foreign Trade, the 
two Seas, which wafli its Coafts, open to them ex- 
cellent Ports, and offer them the Commodioufnefs of 
carrying it to the four Quarters of the World. 

If they will content themfehes with a home Trade, 
the French Manufactures, or thofe that are imitated 
from Strangers, are arrived to the lall Degree of 
PerfeQion, by the wife Regulation, and by the At- 
tention of the Magiftrates de Police and Infpeftors, 
appointed to take care of their Performance. 

In a Word, it may be faid, and I fhall fay it with- 
out Exaggeration, that France re-unites at home, all 
the Advantages of C'^mmerce, which are found divided 
among the other People of Europe, and that being 
fufficient to itfelf, it can ablblutely pafs without other 
Nations, and content itfelf with its own Abundance; 
whilft they on their Parts, will find it difficult to fub- 
fifl: without our Succours, and that great Commerce, 
of vvhich fome (and wilh a great deal of Reafon) are 
fo proud, would foon be feen to fall, if they ceafed to 
receive from us, that infinite Number of Merchan- 
dizes, which are neceffary to them, and which it is 
wilh Difficulty they can find elfewhere. 

It is this Truth, ill underftood, and urged too far, 
that has given room to that Paradox fo dangerous, 
which they, of this Way of thinking, would ertablifh 



14 



/^n Hiflcrkal DedtiEiiofi of T r a d e 



in thcfe latter Time, that France ow^Vi to cnrry on 
no Commerce with Strangers, and that fhe would al- 
ways be iufficiently hapjiy and flourilliing, if it did 
not want Labourers raid Soldiers. 

The NeceiTity_ of one, and the other, is indifputa- 
ble ; without Soldiers, our Frontiers would remain 
open to our Enemies, and the Kingdom without De- 
fence ; and without Labourers to cultivate our Lands, 
they would be no longer fufficient for our Support. 
But upon what fliall the Pay and Maintenance of our 
Troops be eflabliil.ed, if Commerce, which is the 
inoft fruitful Source of the Riches which enter our 
King's Exchequer, be taken fjom us ? And what will 
the Labourers do with their Crops, (tho' never fo 
aliundant) if th-ey have no longer an Opening to get 
rid of their Superfluity ; and by want oi Trade, they 
fee thofe Proviilons miferably perifh on their Hands, 
which would have enriched them, if they had pafled 
into thofe of their Neighbours ? 

The Merchants then are a third Order of Perfons, 
of which Fraricc has need, and who are not lefs necef- 
fary to her, than her Soldiers and Labourers ; and 
Commerce is a Profefiion, without which all would 
languifh in the Kingdom, and the too happy Inhabi- 
tants, would (as one may fay) fmk under their own 
Abundance, as they neither could confume the whole 
at home, nor have the liberty to carry a Part abroad. 

It is fufficiently comprehended, that by Cammcrce 
(fuppofed fo neceiTary to France, and to which it is 
known, that the French, are at lead as fit as the 
other Nations of Europe) is not to be underftood that 
which is carried on in our Provinces, by the Commu- 
nication which they have with one another, of the 
natural Produftions, or the Works of Art, that they 
have each at home (for this Trade would be always 
flourifliing enough, if there was a Care at the fame 
Time to carry on that abroad) but it is the Commerce 
which may be maintained with Foreigners, that is 
principally in View, whether they come to our 
Ports to carry away thofe Merchandizes of which 
they have need, or whether we fend our Ships to 
load v,'uh thofe, which they have, and we want. 

It is true, that for long Voyages France has already 
at home a Company of Commerce, of which the firft 
Succefs feems to promife, that it will not one day be 
any Thing inferior to the more celebrated ones efta- 
bliflied among our Neighbours ; fo that without en- 
croaching upon the vafl: Grant, of a Company fo pro- 
fitably formed, and fo wifuly conduded, I (liall con- 
tent myfelf to animate the French Merchant!, to fuch 
other ObjeQs of Commerce, as they may fliare with 
the other Nations o{ Europe, or even that they may 



carry on with a greater Facility and Profit than 
they. 

Thefe Hopes, with which I dare flatter our Mer- 
chants, are not falle nor even dubious. Whofoever 
furveys the Parts of Europe, where the Englijh and 
Dutch carry on their mod confiderable Trade ; Spain, 
for Example, or the Towns of the North and Bal~ 
tick Sea, (not to enter into a longer Detail) I fay, 
whofoever furveys them, will fee whether thofe 
Trades will be mofl: eafy to them or us. 

Almofl: all the neceflary Merchandizes for thofe 
two important Trades, are found in France; on the 
contrary, England and Holland have hardly any. 

We have for Spain, Stuffs of Gold, Silver, and 
Silk, Clotlies, Woollens, Linens, Paper, Hats, all 
Sorts of Stockings, Cards, Laces of Silk and Thread, 
Mercery, Iron-vVare, and many others. The North 
cannot pafs without our Wines, Krandies, Vinegars, 
Salts, Prunes, Chefnuts and Walnuts; fo that it 
will prefently be decided, to which Nation the Load- 
ing of Ships for the North, or Spai'i, is moft eafy ; 
v.diether to the French, who without I .irowing any 
thing from others, have within themlelves, where- 
vv'ith to make up an entire Cargo ; or to the Englijh 
and Dutch, who come to feek in France what they 
want, and who, deftitute of this Succour, would be 
obliged to fend their Ships half loaden, and without 
the proper AiTortments for thofe two Countries. 

It is alfo the fame in Proportion with all other 
Trades, by which Lhe French may enter into Compe- 
tition with their Neighbours. 

In regard of Profit, the Proof is as clear, and 
fliorter. Whoever fells at Second-hand, can make 
but one Gain, whilfl: he that fells at the firft, acquires 
two ; the Englip and Dutch, are in the firfl: Cafe, 
the French in the fecond ; fo that thofe can only bene- 
fit themfelves on the Price, which the Merchandize 
they fell in Spain and the North, coft them in France, 
and thefe add yet to the faid Profit, that which was 
made on the firfl Sales of fuch Merchandize. 

This is not enough ; the Advantage of Returns, 
is yet all entirely on the Part of France, fince that 
the French Ships, by bringing back the Northern and 
SpaniJJ} Commodities, take away from Strangers 
thofe immenfe Profits, which they ufed to make on 
us, when they brought the fame Merchandizes into 
our Ports. 

One cannot on this SubjeQ: help exprefllng fome 
Concern, at not feeing eftablifhed in France, that wife 
Policy of the Englijh, who by their Jlcl of Navigation 
in the Year 1660, ordained, that none of the Mer- 
chandizes and Produ<5ts of Europe, be brought into 

England, 



/'■ 



om Its 



Orio-inai. 



15 



England, nor tlic States that depend on it, by other 
Veflels than thoi'e, which fail from the Ports of the 
Country, where the Commociilies grew, or the Mer- 
chandizes were made ; and that none of the Mer- 
chandizes of the Growth of Ajla fliall any longer be 
brought in, but on Englijli Ships, ot- th-jfe appertain- 
ing to the Englijh. 

A Policy certainly both prudent and equitable, and 
if it had Place among us, would open our Ports to 
Strangers, which fhould bring the Merchandizes of 
their Country, and wifely fliut them againfi: thofe, 
who having nothing of their own Growth, come to 
fell us thofe at a dear Rate, which they have col- 
le£i:ed from all Parts of the World ; and that flattered 
by our Indolence, or it may be, by our Vanity, they 
have infenfibly accuftomed us, to receive only from 
their Hands, at an exceiTive Price, what it would be 
eafy for us to get on much better Terms, if we would 
only take the Pains to go fetch them. 

It may probably be alledged, that as the French 
Marine is not in any Degree comparable (but much 
inferior) to that of their Neighbours, with whom 
they are invited to become Competitors, by a Sea 
Trade, there is but little Appearance, that they 
fhould ever find the Facility or Ad\antages with 
which they in vain were flattered in carrying it on. 

And it muft be confeffed, that in the Maritime 
States, Commerce and Navigation ought, as one may 
fay, to go the fame Pace, that there is fo ftrict and 
intimate a Tye between the one and the other, that 
Trade is without Strength, whilrt the Marine is lan- 
guiihing, and the Weaknefs of the one, neceflarily 
draws on the Fall of the other. 

But befides, that our Ports are not fo unprovided 
with Ships of War, as to leave the French A4erchants 
at any Time deftitute of Convoy and Guards, to fa- 
vour and protedt their Trade; what Doubt is there, 
that even on this Part, France, when flie pleafes, 
need not yield to any other Power whatever? 

Our Neighbours are obliged to go fetch from abroad 
the greatefl Part of that which is necefiary for their 
Armaments ; Wood, Iron, Cordage, Sails, all thefe 
come to them from Foreigners ; inftead of which, 
our Provinces eafdy i'm-nifh us with the beft Part of 
that we have need of, for the Building and fitting 
out our Navy. 

■ Some of them have Wood proper for the Bodies of 
Ships; and there are found in the Mountains, others, 
fit for making the refl: of their Materials ; there are 
m many, Mines of Copper and Iron, fufficient to fup- 
ply our Yards and Docks; and all in general are fo 
abundant in Flax and Hemp, for making Sails and 
Cordage, that it is even from us, that other Nations 



receive the greatefl Part of thofe they confume in 
their Rope-Walks, or that their Weavers make into 
Cloth proper to fail their Veflels. 

We are not more in want of Provifions or Am- 
munition, but are even in a Condition to fpare Part 
to others; and to man our Ships of War and Mer- 
chant Fleets, we have more than fixty thoufand Sai- 
lors, diftributed in five Claffes, of which the Rolls 
are renev/ed annually, and of which the one is always 
accounted engaged, from the Beginning of each 
Year, to fervc in the King's Ships, and the four o- 
thers are referved for the Merchants Service. 

Theie Hopes, which are founded on fo many Ad- 
vantages, that might render our Marine flourifhing, 
either for War or Trade, are certainly not in the 
Number of thofe ideal Projects, that it is not pofll- 
ble ever to carry into Execution. 

Thofe Times, fo glorious to the Marine of France 
(1690) are flill remembered, when our naval Forces, 
equal to thofe of our Enemies, obtained the Viftory 
over the united Fleets of the Two Powers, who each 
in particular, would have attributed to it the Em- 
pire of the Sea; and we have not in the leafl forgot, 
that during all the War, which was terminated by 
the Treaty of Ryfiuick (1697) our Privateers, fupe- 
rior to thofe of the EngliJIi and Dutch together, took 
from one of them fo great a Number of Ships, that 
their Merchants (who avow that their Lofs amount- 
ed to more than three thoufand Veflels) were ob- 
liged to carry their Complaints to their Parliament; 
and the Trade of the other, was fo difl;urbed or im- 
peded, by the fortunate Cruizes of thefe fame Priva- 
teers, that this -aras one of the principal Reafons that 
made them defire a Peace, and in fome Sort, to de- 
mand it with Eagernefs. 

It is not, however, to be denied, that Events, 
which Prudence could not forefce, nor Courage re- 
pair, have weakened the French Marine ; but why 
fliould we lofe the Hopes of feeing it recover? that 
which fo happily fucceeded under the Reign of 
Leivis XIV. will it be impofllble, if undertaken, to 
profper under that of Leivis XV ? This )'oung Mo- 
narch, in whom fliines fo many great Qualities, that 
they feem already to foretel the Flappinefs and Glory 
of France? And an Eftablifliment, which is feen 
puflicd on almofl: to Perfedlion, under the Miniflry 
of Monf. Colbert, and of the Marquis of i'ivV'/zfAyi his 
Son ; why may it not gather new Strength, fupport- 
ed by the Care and Experience of a Prince, who has 
recorded his firft Campaigns at Sea by Viclory, and 
who labours with fo much Application, to rcfl:ore 
us a Marine, capable of making our Colours always 
refpe6lcd, and at the fame Time, to put our Mer- 
chants 



lO 



A71 Hijlorical DeduSiion of Trade 



chants in a Condition of carrying on, in all Parts of 
tlie World, a O^inmerce, for which they have fo 
much Facility and Advantage? 

Mr. Savary here finifhes his Sentiments of his 
Country, and the French Nation ; and I think he has 
proved a true Prophet, in regard to their Ccmmrrce, 
which has been greatly extended and encreafed fince 
his Time, to the no fmall Detriment of ours. They 
were at lead a Century behind us in Trade, (tho' 
v,-e ourfelves got late into it) and it is a Matter both 
of Surprize and Concern, that they have in any 
Sliape exceeded us in it, as defpotic Governments 
are not calculated for its Encouragement; and had 
not Lev.'is XIII. and XIV. ftept out of the common 
Tracl of arbitrary Kings, in order to proted and ren- 
der it flourilliing, we fhould never have feen that 
Nation, from Competitors with, become Superior to 
us in any Branch of it ; but the good Regulations 
m.ade in thofe Kings Reigns, and fmce continued, 
added to the Fertility of the Soil, and Temper ot the 
People, (who can content themfelves with a lefs ex- 
penfive Way of Life than we are unhappily fallen in- 
to) have enabled them to carry many of their Com- 
modities cheaper to Market, than our higher Wages, 
and dearer Living, will permit us to do, and confe- 
quently robbed us of the Sales of our mferior Sorts 
of Woollens, which they have been able to imitate ;, 
but as I fhall fpeak of this, when I come to treat of 
Commerce in general, I fhall only add here, that I fear 
they now equal us at leaft, in the Difpatch of their 
home Manufaftures, tho' I hope not in the Products 
and Trade of their Plantations, their Sugar Colonies 
only excepted. 

]\Ir. Savary having left the Englijh out of this Hif- 
torical Dedutlion of Trade, as if they had been a 
People without any Concern in it ; I can only im- 
pute to that Deference he every where pays to his 
Father's Judgment, whofe malicious Infinuations 
againft us, in his Par/ait Ncgoclant, the Son muft 
have contradifled, had he treated us with the fame 
Impartiality he hr.s others; to avoid which, and not 
expofe the Weakncfs of his envious Parent's ill- 
grounded and unjufl: Invetlives, v/e may prefume 
were the Motives that induced him to fkip us over in 
his Account of Trading Nations, and made him pre- 
fer leaving a Chafm rather than a Blot, in hi? other- 
Vvife valuable Works ; tho' he is not wholly to be 
acquitted from inheriting or adapting Part of his Fa- 
ther's Partiality, as he has copied fome of his Afper- 
fions, when he fpeaks of us in the Body -of his Dic- 
tionary ; to confute which, and do juftice to my 
Countrymen, I fhall endeavour to improve this Op- 
portunity, in demonftrating his Unfairnefs, and in 



fupplying his Defeft, that we may appear in the true 
Light we ought, in the Hiftory of the Europeans 
Trade ; and in order thereto, I fhall here briefly 
mention what occurs to me, concerning our firft En- 
gagements in Commerce, and refer my Reader for a 
more ample Account of it, to what I fhall have Oc- 
cafion to add hereafter. 

Tho' it muft be allowed that the p ^ merge 
Englifi, in RefpeS of mod other Euro- of the 
pean Nations, fell late into Trade, yet English. 
they have improved in it with an amaz- 
ing Rapidity. 

'Tis many Ages fince they knew the ^'alue of a 
naval Power, and were taught by the Remans, how 
neceffary this would be for their Defence and Sup- 
port, as well as conducive to their Commerce with 
other Nations ; the former you have feen before were 
Mafters of Trade, and confequently in a Capacity 
to give Leffons; they knew the great Advantages de- 
rived to Kingdoms from it, .ind indeed that this only 

could make a Nation flourifh They confidered 

how capable of Improvement our Country was, and 
being fettled among us, were defirous of rendering 
this Union as advantageous as pofllble, and having 
met with a People brave and daring as themlelves, 
and in every Refpeft fit to undertake any hazardous 
Enterprizes, they v/culd certainly have raifed Com- 
merce to a flourifhing Pitch, had not their own intef- 
tine Broils called them home, and Ours on this Oc- 
currence encreafing, left Trade to languifh, as it did 
for Ages after, till our victorious Edzvard the Third, 
and his glorious Succeffor Queen Elizabeth, animat- 
ed their Subjecls, to an Imitation of their Neigh- 
bours, and by proper Encouragements, led them in 
to fhare the Advantages, which hitherto other Na- 
tions only had reaped, exclufive of them ; and the 
IntroduQion of the Walloons by the firft, and the Ad- 
milfion of the diflrejfed Burgundians by the latter, 
opened to our Countrymen a new Scene of Trade, 
which has fmce been improved to the greateft Height, 

and brought immenfe Riches home to us The 

Encreafe of our Tradehas confcquentially been that 
of our Power, which is at laft happily rifen to the 
Summit of human Glory, as there is no Potentate 
on Earth, who can equal our maritime Force, be- 
come now the Bulwark oi our Country; and may it 
always continue unrivaled and triumphant whilft 
Time endures ! 

I ftiall in the Body of the Work fpeak of the Bri- 
tifh Commerce as it ftands at prefent, and in the mean 
Time beg leave to congratulate my Countrymen on 
their happy Situation for carrying it on, which is 
hardly to be equalled, not furpalTed in any Country 



frovi its Original. 



in the World ; and what Mr. Savayy fays of France, 
may with Httle Variation be more juftly afl'erted of 
Great-Britain, viz. that fhe has an infinite Number 
of Inhabitants, hardy, enterprizing, laborious, and 
at the fame time full of Genius, Addrefs and In- 
duflry. 

Her Lands may juflly be counted fome of the moft 
fertile, and their Produfls of Fruits, Provifions, Wr. 
as plentiful and as good as any in Europe, and her 
Merchandizes more than other Countries can boail: 
of 

Her different Counties, according to their terrene 
Variety, produce Corn, and every neceffary of Life 
in Abundance, which on many Occafions have kept 
feveral of our Neighbours from ftarving. 

We have Hemp, and Flax for the manufacturing 
our Linens and Canvas, now brought to great Fer- 
feftion, and our Paftures feed an almoft infinite Num- 
ber of Cattle, which not only fupply our Markets 
with excellent Food, but furnilTi us with fine Wools, 
and the btft Leather in the World. 

Our Mines produce Iron, Lead, Tin, Copper, 
Coal, yr. in Abundance, and our Forefts and Woods, 
are fo well flocked with Oak for Shipping, as feems 
to promife (under our well regulated Laws) an inex- 
hauftibie Supply. 

Our Seas are well filled with their finny Inhabi- 
tants, which, according to the Steps lately taken by 
the Legiflature, for an Encouragement of our Fifhe- 
ries, and ready Concurrence of our Merchants, tor 
promoting fo beneficial a Defign, muft prove pro- 
duftive of immenfe Riches to the Nation, befides 
occationally providing comfortably for our Poor, 
which Advantages have for many Years part been 
reaped by our induftrious Neighbours. 

/-, I think a Work of this Nature ought 

Commerce i t r i • i • ■ 

OF THE "*^' '■° clofed, without mentioning 
Spaniards ^^^ordoi tht Spaniards, who, like us, 
have been part over by our Author in 
Silence ; for tho' they have been tardy in finding out 
the Advantages Nature has given them for Trade, and 
have long remained blind to their own Intereft, yet 
their Commerce is not fo defpicable and fmall, as to 
be overlooked, when we are treating of trading Na- 
tions. 

Their Difcovery of America, and their fubfequent 
Settlements on that Continent, gave Birth to their 
Trade, and Riches ; for tho' a potent Nation before 
in Dominion, they wanted the Sinews of Power, 
which the Mines of Mexico and Peru have fince pro- 
duced them. 

They have very confiderable Ports, equally well 
fituated for Trade both on the Bifcayan and Mcditer- 



17 

ranean Seas, and where a large Commerce is tranf- 
a£ted, tho' principally by Foreigners, as the Spa- 
niards in general confider Traffic to be a mean Em- 
ploy, and confequently a Derogation from that Gen- 
tility they almofl: all affeft being born to ; however 
they have lately formed fome very confiderable Com- 
panies among them, as that of the Philippines, Gui- 
pufcoa, and one lately eflabliihed at Se^iilh-, for the 
manufacturing Woollens, Stockings, Hats, Silks, 
and mod other Commodities they formerly import- 
ed for their American Trade ; and have received fuch 
Encouragement from the Crown for perfedling their 
other Manufactures, that they have for fome Time 
part clothed all their Troops with their own Cloths, 
and the King's wearing them himfelf, and prohibit- 
ing the Importation of all foreign ones, has brought 
their Fabricks into fuch great Repute, that they are 
daily encreafing, and the uncommon Privileges grant- 
ed the Weavers, it is to be prefumed, will in Tinijs ani- 
mate them to new Engagements, and teach them to 
imitate the other Woollen Fabricks oi Europe, as they 
have been fo fuccefstul in copying their Cloths, more 
efpecially if they can procure Workmen from their 
Neighbours to afllft them ; as they have lately en- 
deavoured, and in fome Degree fucceeded in, from 
hence. 

Their Silk Manufactories have likewife kept Pace 
with their Woollen ones, and both their JVrft-IndiaK 
and European Dominions are now principally fupplied 
by them, as they were formerly from France ; fo that 
their Eyes having been opened to thefe Advantages, 
both Old and Nezv Spain feel the falutary Efi'eCts of 
this Difcernment, and if the fame Meafures are pur- 
fued, as have been fo happily begun, in favour of 
the Subject, we may reafonably expeCt in a few 
Years, to fee them a more flourifhing People than 
it was poflible for them to be, till rouzed from their 
former Indolence and NegleCt, to a jufl Senfe of the 
Advantages that Induflry and Application offer 
them. 

I might here mention their Tunny Fifhery, and 
fome other Inflances of their Improvement, but fhall 
refer expatiating or defcending to Particulars, till I 
come to treat of them in the general Body of Trade, 
and only add here an Obfervation, that, as the Spa- 
niards have improved the different Manufactures I 
have mentioned, their Neighbours have proportion- 
ally found a Decay in theirs, which can only be re- 
medied by feeking other Channels for the Sale of 
their Commodities ; tho' I muft confefs I think this 
is to be defpaired of, when the common Paths of 
Trade are become fo beaten, and every Branch of it 
fo prejudiced by Interlopers, except the follow ing 
D Sheets 



i8 



An Hijlorical DeduEiion of Trade 



Pheetb open new Scenes, which by Care may be im- 
rro\ed to the Adventurer's Advantage. I fliould 
here mention fomething of the Swedes, Danes, bfc. 
but lliall refer my Reader to what I (hall afterwards 
fay of their Trade, when I come to defcribe it mi- 
.nutely. 

Addition, communicated by Dr. Garcin *. 



COMMEKCE 



Hiftorians feem hitherto to have for- 
got by tiie little they have faid, that 
A ,,..., iht- Arabians were the firil: Navigators, 

^\R AlilANS. . ,- II I r' 1 

and the mod ancient ot ail the Larth, 
that opened the Commerce between AJta, Africk, and 
Europe ; this is a Thing, however, very eafy to be 
proved, notwithftanding the Invention of Navigation 
is attributed to the Tyrians and Egyptians, at the Be- 
ginning of this Hiftoncal Introduftion. 

The Situation of their Countrv, which is in this 
Reo^ard, the moft favourable in all RefpeQs, at firfl: 
naturally brought them thither. As Arabia is a very 
large Peninfula, wafhed by the Sea on three Sides, 
and its Entry on the fourth being the mod difficult, 
by reafon of the Extent of its Deferts, which are 
filled with Sand, and without Water; Neceffity in- 
duced this Nation (one of the molf ancient) in order 
to procure an advantageous Communication with o- 
thers, to open Paffages by Water , to invent the firft 
Marine Veffels, and to form itielf courageoufly to 
Navigation ; it had fo much the more Caufe to im- 
prove, and become acquainted with its Seas, as it 
was no great Diftance from the Indies, which (as is 
known) was at all Times fuller of Riches than any 
other Part of the World. 

This Practice being attained, it was much eafier 
for its Inhabitants to pals by Water to many of their 
Neighbours, than to traverfe Deferts fo dangerous, 
and to make fuch great Tours, either to go out of, 
or leturn to their Country, -^hus it was by their 
Fleets, that they correfponded wherever there was 
Sea, and by Caravans on the Land Side to the Medi- 
terranean ; it was, in fine, by thefe powerful Means, 
and by the Arabians only, that the moll fought for, 
and precious Things of all the Indies, pall from Eall: 
to Wert, in the moll ancient Times, and in thofe 
which followed, until that of the Emperor ^«^;//7«j. 

This Nation, according to Hiflorians, has been 
the richeil: of the World, in the carlieft Ages, »s 
we fliall toon fee by relating what they have faid of 
it ; and this is one of the ftrongefl Proofs of its an- 
cient Commerce with the Indies, and from thence with 

* M. D. de Neufchate!. 



the Countries Avhich border on the Mediterranean; 
for the Tyrians and the Egyptians were not formerly 
flourifhing in their Commerce, otherwife, than as the 
Induftry and Riches of the Arabians made them fo, 
who furnilhed them (under large Profits) with aH 
the Merchandizes of the Ijles, and of the Maritime 
Coafts of Apa ; the fame as the Portuguefe and Dutch 
have fome time fince done in Europe; and it is by 
this fame Commerce of the Indies that they are en- 
riched. The Oriental Sea was to the Arabians what 
the Rdediterranean was to Phenicia and Egypt ; thefe 
three Nations enriched themfelves mutually by the 
Trade of thefe two Seas, each having laboured on 
its Part, for the properell Means to cultivate it by 
Navigation in the two Seas, and by Caravans, thro' 
the Lands that feparated them. 

It is known by very ancient Experience, that the 
richefl; Countries are not ordinarily fuch, but by the 
Means of Commerce and Navigation. The Sabeans, 
an Arabian People, who inhabited the Countries bor- 
dering on the Indian and Red Seas, were incompara- 
ble in their Sumptuoufnefs and Riches ; one need on- 
ly read Agatharcides, Diodor. Sic. and Strabo, to be 
convinced of it by the Detail which they give. They 
drained (fays the firfl: of thefe Hiflorians in Photius) 
the Treafures of Afia and Europe, by the Exchange 
they made of the mofl: precious Things. They fur- 
pafied (fays the fecond. Lib. III.) by the Riches and 
Abundance which they had of all precious Things, 
not only thofe of Barbary their Neighbours, but alfo 
all other Nations. Confiderable Sums were necef- 
fary to purchafe a midling Quantity of their Mer- 
chandizes ; thefe fame Hiftorians (with Strabo, Lib. 
XVI.) fay, in fine, that thefe People, fo rich by their 
Commerce, made Ivory, Gold, Silver, and precious 
Stones, to fhine in their Furniture, upon their Doors, 
Columns, Walls, and Roofs of their Edifices, and 
that they pofl'efled a very great Quantity of Gold 
and Silver Veffels ; they relate, that their Expences 
were enormous in all Things, even in Works of the 
mod admirable Sculpture and Engraving ; in a word, 
that their Magnificence was unequalled, which de- 
monftrates, that this Nation was fkilful, bold, and 
venturefome in the Indian Trade and Navigation, 
and that it was by her that the Tyrians and Egyptians 
flouriflied fo much in theirs, and upon the fame Mer- 
chandizes, which they received and pafled to the o- 
ther weftern Nations, the mofl: remote. The Pro- 
phet Ezckiel, Chap. xvii. Verfe 22, in addreffing him- 
ielf to the City of Tyre, fpeaks of this Nation of the 
Sabeans, under the Names of Sheba and Raamah, 
which were two Places of Arabia. The Merchants 
(fays he) of Sheba and Raamah, ivere thy FaSors, 

making 



from its Origi?iaU 



19 



making thy Fairs valuable in all Sorts of the chiefejl 
Spices, and tvith all Sorts of precious Stones and Gold : 
This is a fure Teflimony of the Antiquity and the 
Opulence of its Commerce, which it had with the 
Indies. 

It was the Opulence (fays Strabo) which determin- 
ed Alexander the Great to make Sheba the Capital oi 
his Empire ; and it was this alfo (according to the 
fame) that tempted the Romans to its Conqueft in the 
Time of Augufins ; a Time, in which they began 
better to know the Oriental Sea, and the Coafts 
which limit or bound the Weftern. 

We may believe, as the greatefl: Part of the An- 
cients did, that the precious Merchandizes of the 
Arabians, were all the Growth of their own Coun- 
try ; but it is a Miftakc, they being carried to them ; 
for it is certain, that Arabia has never produced of 
itfelf the fixth Part of its Riches. Of all the Aro- 
matics, there only grow Incenfe, Balfam, Myrrh, and 
Calimus Aromaticus, the two I aft of which were not 
fought for, only as they were deemed to be fome- 
thing better than thofe which grew in the other 
Parts of Afta and Africa. It may alfo have a little 
Gold, but in no Quantity, as fome of the Ancients 
imagine ; the Arabians brought it from India, the 
fame as they did other Aromaticks, Precious Stones, 
and rich Merchandizes of all Sorts. Strabo feems 
to infinuate fo, in faying, that they changed their 
Aromaticks, and precious Stones, againft the Gold and 
Silver of Strangers. One may be perfuaded, that in 
the Parts of A/la, the Origin of all thefe Things is 
yet near the fame as it was in former Times, all the 
Difference being, that it is now infinitely better 
known. 

The Incenfe, in reality, was to them of very great 
Advantage, as they furniftied all the weftern Nations 
with it, who were then Pagans, and confequently 
confumed infinitely more than they do at prefent: 
But as the Ancients were paftlonately fond of all the 
moft exquifite Aromaticks, thofe which the Arabians 
brought from India, making the greateft Number, 
made alfo their greateft Riches. 

The Aloe Wood, Caffia, and Cinnamon, which are 
mentioned in many Pafl'ages of Scripture, and in the 
moft ancient Hiftorians, made beyond difpute (after 
the Gold) the principal Branch of their Commerce. 
Malabar, Ccilon, and Sumatra, (or Malacca itfelf) were 
really the principal Places, where their Fleets often 
went to take in their Loadings, as it was only from 
thence that they drew all thofe rich Merchandizes ; 
thelewere formerly much better eftecmed than tiiey 
arc at prefent, and as this Nation only fupplied all 
the Countries of the WorkI that wanted thofe Com- 



modities, tliis is yet another demonftratlve Proof of 
their ancient Navigation to the Indies. 

It is nevertbelels a Matter of Surprize, that an- 
cient Hiftory docs cither not fpeak of it at all, or, if 
it does, it is in a manner very obfcure : This pro- ■ 
ceeds from Arabia being very little frequented, and 
confequently very little known to other Nations. 
The Difficulties that there always were to traverfe its 
fandy and arid Deferts, and to be covered from the 
Robberies, which a Part of its Inhabitants were al- 
ways given to, in beating the Field, plundering the 
Caravans, and ftripping the Travellers and Mer- 
chants, as Mr. Huet rightly obferves in hl^ Treatife 
of Commerce; thefe Difficulties I fay, were the Caufe 
that our firft Anceftors could not be informed about 
it until the Time of Alexander, or even till that of 
Augujius. We may likewife ftill add, that their Na- 
vigation was but little known even to the Time that 
the Portuguefe went to India by the Cape of Good 
Hope, and that thereby they run away with that rich 
European Trade, which the others carried on hv 
A'leans of the Egyptians, and thefe by that of the Ve- 
netians. They were therefore always Matters of the 
Indian Sea, by their Navigation, till then, as is well 
known even to all the Indians. This Navigation, as 
well as their Commerce, was indeed a little dillurbed 
by the Romans, but this was only for fome Time» 
Another Caufe, which made their Navigation un- 
known in ancient Times, is, that the Arabians, the 
better to preferve the Commerce of the Indies, which 
they found fo advantageous, always took care to con- 
ceal from Strangers, who lived towards the Med;, 
terranean, the Voyages which they made on the O- 
riental Seas, the Routs, or Courfes which they ufed, , 
and the Origin of the Merchandizes which they 
brought in, and which fo greatly augmented their 
Riches. 

Befides, it was in thefe Times that the Helps, 
which ferve fo well now to communicate with all 
other Nations, were wanting, and this made Hiftorr 
fo ignorant of a Country fo diftant. Thefe Helps are 
Geography, Printing, the Conveniency of Ports, and 
the Improvements in Navigation ; it was by thefe 
Defects that the Arabians always fucceeded in their 
intended Concealmciit, with the View of making 
their Commerce lafting, and to attraft thereiiy the 
greater Profits. 

And to have the Thing fucceed the better, am! ii» 
impofe on the foreign Nations, who (b very earneftl./ 
enquired after their Spices, they invented Fables, 
on pretended Difficulties that fubfiftcd; above all in 
regard of tlie Cafjia and Cinnamon, on wliicli tiler 
made the moft confiderable Profit, and affirnijj them 
Da 10 



20 



^;^ Hi/iorical DeduEiio?i of Trade 



to grow in the Middle of their Country, but in Places 
ahnoft inacceiTible, and fo dangerous, that they could 
not procure but a very fmall Quantity, with infinite 
Induflry and Trouble. (It may be feen in Herodo- 
tus, Lib. III. where the Affair is related.) 

It was this which made all Antiquity believe, that 
thefe Spices or Aromaticks were fcarce, and only to 
be found in Arabia. Pliny was the firfl: who difco- 
vered, that thefe Fables were only invented, in or- 
der to fell their Drugs dearer ; but on rejeQing 
thefe, he fubfUt'uted others nothing inferior, in de- 
claring the Cinnamon to be brought from Ethiopia, in 
mentioning the Manner of its Growth, that of ga- 
thering, and tranfporting it abroad, or to Strangers; 
the Difficulties he has flamped upon all thefe Cir- 
cumftances, and on the Means of having it in Time, 
as alfo the CaJJia, does not appear lefs great, nor lefs 
fabulous, than thofe of Herodotus, which he would 
not admit. (See Pliny, Lib. XII. Ch. 19.) 

It is certain that Ethiopia, no more than Arabia, 
has ever produced either of thefe Aromatick Barks ; 
the Trees from whence they are taken, can never be 
tranfported, on Account of the different Nature of 
the Soils, and the Drought and Heat which reign 
there : And it is only in the Ijle of Ceylon the Air and 
Earth are really fit to nourifh them, fo that it is this 
Place only,, which has in all Times fupplied the refl 
of the World with thefe Aromaticks. 

In fine, the ancient Arabians did not invent fewer 
Fables in Favour of their Commerce, than the Perfians 
did to reprefent the Dangers which they had in pro- 
curing the Gold in thofe Parts of India where they 
could find it, and which were believed fandy. This 
is what may likewife be feen in the Book oi Herodo- 
tus above cited. 

Pliny, who writ obfcurely of all, fays nothing of 
the Navigation of the Arabians, which is a Proof 
that it was unknown in his Time. He only men- 
tions that of the Fleet oi Alexander, which pafl from 
India to the Euphrates, and of that which the Ro- 
mans made every Year alfo in this Time to the In- 
tlies : He has dcfcribed the Rout from Egypt, but he 
has made it appear, that their Voyages only termi- 
nated about the River Indus. The Romans, altho' Maf- 
ters of fome Ports oi' Arabia, did not in the leafl difco- 
ver theNavigation,vvhich the Arabians took care to hide, 
and which they made direftly from fome of their Ports 
to the JJland of Ceylon, to load with Caflia, Cinnamon 
and precious Stones; and from other Parts of India to 
do the fame, with other Merchandizes, as Gold, 
Drugs and odoriferous Woods. It feems by the Re- 
cital of Pli'-iy, that the Navigation which the Romans 



made to that Corner of the Indies of which he fpeaks, 
did no Injury to the Arabians, only in the fmaller 
Part of their Commerce. 

It is eafy to comprehend, that thefe laft, in Pro- 
portion to their navigating their Seas, fhould have the 
good Luck to dilcover, the fhortefl; PafTages to ma- 
ny Parts of the firfl Peninfula of theGanges, and from 
that, to the other ; for we mufl not believe that the 
Romans were the firfl that crofTed the Arabian Sea, 
which it bounds, as Pliny remarks, Lib. VI. Ch. 23. 

It was infinitely eafier to the Arabians to crofs this 
Sea to India, or to Ceylon, than it was for the Tyrians 
to run over the different Parts of the Mediterranean. 
The firfl had fine Weather to chufe at their Plea- 
fure, and Winds that were fixed and regular, by 
which they might fecurely perform their Voyages 
with as much Exa£lnefs, ReSitude and Speed, as 
they had Occafion for, and always in a manner e- 
qual in the fame Seafons; Advantages which the Ty- 
rians had but very rarely ; they never had fine Wea- 
ther at a certain Point, on which they might depend ; 
fo that thefe had more need of Ability in the Marine 
than the former, on account of the Variablenefs of 
the Winds, cloudy Weather, and Tempefls, which 
often reign in the Mediterranean. 

The Winds of the Indian Sea (rarely tempefluous) 
are always regular, changing twice a Year, and un- 
der two Dire£tions, alternatively oppofite one to the 
other; each lafl fix Months at leafl, if the Latitude 
is near our Tropic. Thefe Winds are the South 
Wefl and North Eafl: ; and j they are called Mon- 
foons, of the which one is dry, and the other rainy ; 
the North Eafl Wind caufes the dry Monfoon, and 
begins in the Month of November, on this Side the 
Equino6lial Line : The rainy one begins in the Month 
of May, and it is occafioned by the South Wefl, 
which makes it lafl till Oflober. In fine, the Mon- 
foons, which reign at Sea on this Side the Equinoc- 
tial, are always oppofite to thofe which reign on the 
other Side of that Line. 

It is therefore feen by the Exa£lnefs of thefe two 
Seafons, and the regular Winds of the Indies, that it 
was not any thing difficult to the Arabians, happily to 
fucceed in their Navigation, for pafTing the Sea, not 
only to the Ijle of Ceylon, but alfo to thsit oi Siunatra, 
or to Malacca, which is in its Neighbourhood. They 
yet make to this very Day thefe Traverfes ; in a 
great Meafure without ufing the Compafs, at leafl 
very rarely, for the Winds being once fixed ana in- 
variable, fervc them for Guides and Rules in the Di- 
reflion of their Rout, almofl as well, and even in 
fom« manner more exa^S, than they would do by the 

Help 



from its Original. 



21 



Help of the Stars in ferene Weather. What is it 
then that fliould have hindered the performing the 
fame in ancient Times ? This is what the modern 
Hiftorians have not thought of, in fpeaking of the 
ancient Navigation of hidia. ('Tis probable had 
they been on the Spot, as I have been, they would 
have thought as I do.) 

Many Nations among the Indians have always 
croffed thefe Seas, by the Favour of thefe Winds. 
The dry Monfoons periodically renewed by the 
North Eart Wind, aflifl: their failing to the Weft- 
ward ; and the Weft Monfoons, formed in like Man- 
ner by the oppofite Winds of South Weft, ferve them 
alfo for failing Eaftward. One Monfoon ferving 
them to go, and the other to return, and thefe al- 
ways equally certain and regular. 

The Arabians waftied by the fame Sea, ought 
therefore to do the fame Thing ; and it is what they 
have always done, according to the Tradition of all 
the Indian Nations, who regarded them as the Mafters 
of the Navigation in their Seas, till the Arrival of 
the Portuguefe among them, who ruined by that, the 
vaft Commerce of Arabia, which had been of fo long 
a Duration. 

Pliny makes mention of thefe two Winds, for tra- 
verfing the Arabian Sea. The South Weft, which 
was called, fays he, in that Country Hypalus, was 
the proper Wind for failing from the Cape of Syagros 
(which is believed to be that of Fartaqiie) to Zizerus, 
a Port in India ; this is apparently that of the pre- 
fentZ)/;/; They, in returning, (adds he) departed 
from thence in the Month of December, or even in 
that of fanuary, and this Traverfe was made (ac- 
cording to him) in forty Days. The Periplus of the 
Red Sea, attributed to Arianus, fiys the fame, ac- 
cording to Mr. Huet ; it informs us farther, that they 
failed from Arabia for India, in the Month of yuly, 
and thefe Seafons are perfeQly the fame novv^, which 
ferve for the Navigation in thefe Countries. 

Mr. Huet believed, by the Relation of Pliny, that 
thefe Courfes were new, and had been difcovered by 
the Romans, which might be fo in regard to the Ro- 
mans only, but it is abfolutely not the fame, in re- 
fpeft of the Arabians, as thefe Routs were at that 
Time known to the latter, and had been fo for fe- 
veral Ages. The Author of the Periplus before men- 
tioned fays, that it was an ancient Pilot named Hy- 
palus, who firft difcovered (by favour of a South 
Weft Wind) this Courfe to the Indies, and that his 
Example was followed with fo much Succefs, that 
they gave to this Wind thefaid Pilot's Name *. How- 



ever, we ought to be perftiaded, that this only regards 
(as has been faid) the Navigation of the Romans. 

In tine, after thefe Eclairciffements, we ought not 
any longer to be furprifed at the ancient Splendor of 
the Arabians, which at the fame Time occafioned 
that of the Tyrians and Egyptians ; the commodious 
Situation of their Country, the Pleafantnefsof a fre- 
quent, or almoft continual Serenity of their Sky, 
the direft Regularity of the Winds which reigned 
in their Oriental Seas, and their own Spices (above 
all the Incenfe) were Advantages, which weuKI na- 
turally render them flourifhing, if improved (as they 
always were) by them ; and it may be added, that 
the Goodnefs of their Ports (infinitely better than 
all thofe of India) was the Thing which favoured 
them moft in their Commerce. I am ftrongly led to 
believe, with Mr. Huet, that the Sirname of Happy, 
which yfn;3/:i anciently received, only came from the 
Excellency of her Harbours, and from that of her 
former Commerce. This Arabia called happy, was 
never fo rich in its own Produft, as to merit fo fine 
an Appellation ; it might rather have been given her 
for being the riciieft Nation in the World, by her 
Traffic with Strangers, than becaufe her Soil was 
found better comparatively than that of Stony or 
Defert Arabia. 

The laft Remark to be made is, that the Trea- 
fures and Commerce of the Arabians, enriched the 
neighbouring Nations ; Judea above all, felt it moft, 
as may be judged by the Revenues and Wealth of 
Solomon, which the Scripture defcribes to have been 
fo very great, in the tenth Chapter of the firft Book 
of Kings, and the ninth of the fecond of Chronicles, 
where it is faid, that all the Kings and Governors 
of Arabia, brought him Gold and Silver, befides his 
annual Revenue, amounting to fix hundred and fixty- 
fix Talents of Gold ; and it is likewife from thence 
known, what were the Prefents which the Queen of 
Sheba made him, after coming from the Depth oi A- 
rabia to fee him and prove his Wifdom, importing 
only in Gold one hundred and twenty Talents (be- 
fides Spices and precious Stones) making, according^ 
to Father Calmct, 8,176,000 French Eivres, or at the 
Exchange of ^i\d.per French Crown, of three Livres, 
as it then governed, about 613,200/. Sterling : (tho' 
Dean Prideaux computes it at 864,000/.) a plain Proof 
of the great Richnefs of this Queen's Country; and, 
to confirm the many Advantages that Judea reaped 
from Trade, I think Dr. Garcin might have added to 
what he has faid on the Subjeft, the Mention he has 
made (in the twenty-fecond Chapterof the firft Book 



• Traited» Commerced de la Navigation, par Mr. Huet, Chap- 54» 



of 



A}i Hiftor'ical DcduSlion of Trade 



of Chrcnuks) of tlie Wealth King David had pre- 
pared tor the Houfe of the Lord, vi/,. an hundred 
thoujaiid Talents of Gold, and a tb'r.ifand, thoufand 
Talents of Silver, making the immenfe Sum of 
1170,000,000/. Sterling, (according to the aforefaid 
Dean's Calculation of 7200/. per Talent of Gold, 
r.r.d 450/. per Talent of Silver) only in thofe two 
jMetals, befide^ Brals and Iron uiihout Weight, and 
the Addition that he made out of his privy Purfe, 
towards that pious Work, of three thoufand Talents 
of Gold, and feven thoufand Talents of refined Sil- 
ver, as hinted in the twenty-ninth Chapter of the 
abovementioned Book, and fourth Verfe ; and we 
may fubjoin what is recorded in the feventh Verfe, 
That the Fathers and Princes of the Tribes of Ifrael, 
&-C. gavefve thotfand Talents, and ten thoufand Drams 
of Gold, ten thoujand Talents of Silver, eighteen thou- 
fand Talents oj Brafs, and a hundred thoufand Talents 
of Iron, as an additional Proof of the Benefits 
brought to this Country by Commerce, for none of 
this vafl Treafure was the Produfl: of it, and confe- 
quently mufl have been imported, to the great en- 
riching both of Prince and People, as plainly appears 
from the Magnificence of their Gifts. And tho' we 
have not the Account of King David's Trade to the 
Land of Ophir and Tarfijh, as materially remarked 
as we have that of his Son Sslo man's, yet he un- 
doubtedly commenced it, on his Conquell of the 
Kingdom of Edom, which made him Mafter of E- 
lath and Eziongebar, tv\o Sea-Port Towns on the 
Red Sea, from whence he nright, and certainly did, 
dire£t his Traffic to the Coaft of Africa weftward, 
and to Arabia, Perfia, and India on the Eafl ; and as 
he lived twenty-Hve Years after making that Con- 
queft, wc may account for his amalling, fuch, other- 
Avife, an incredible Sum, by the long Continuance 
and vail Profit of his Trade. 

I am not ignorant, that many learned Authors 
iudge the Talents abovementioned to have been 
Icfs than they are there calculated at ; yet fuppofing 
with them, that they were not above half the Va- 
lue, the Sum llill remains prcdigioufly great, and 
llicws vhat I am contending for, that only Commerce 
could furnifli fuch a Treafure. Mr. Malynes fays, 
in his Lex Mcrcatoria, (Page 261) that it is recorded, 
that David left in Gold (bef:des Silver) a hundred 
and eighty Millions. Sterling , and Solomon only 
eighteen : I prefumc he muft mean by the firft, only 
that Prince's private Cafh, as the Sum he iledicated 
to the Service of God greatly exceeded it, and it is 
no wonder the latter left fo litiie, when we confider 
his long Reign, prodigious Buildings, and expenfive 
wav of livinsr. 



From the Trade oi thz Arabians, and Naviga- 
in particular their Navigation, we will tion 

pal's, as a Thing \evy a propos, to that °^ 

of the Fleet of Solo,non, which went to Solomon's 

Ophir. After what we have feeti of ^''-eet. 

the Navigation of the former, it will not be very 
difficult to make appear more clearly than has ever 
yet been done, which Way it took for performing 
this Voyage. 

Firjl, there is great Probability that Solomon was 
informed by fome Arabians, or by the Queen of 
Sheba herfelf, long before ftie came to fee him, of 
the R^aritime Places, from whence they drew their 
Gold, their Spices, and the other rich Rierchandi/es 
of their Commerce, as well as of the Rout which 
they had to go ; and that it was in confequence of 
this Difcovery, that he took the Refohition to main- 
tain in fome Port of the Red Sea, a Fleet to pro- 
ceed every three Years (according to the facred 
Text) to the fame Places which were frequented by 
that of the Arabians ; this could not be otherwife 
for many Reafons, which may be deduced from all 
that I have advanced, and from that which I fhall 
yet add here. 

Secondly, it cannot be doubted that Solomon, after 
this Difcovery, and with the Defign of drawing 
from India (according to his Wants) the fame Trea- 
fures which the Ports of Arabia procured, did 
take care to fecure Pilots to condu£i: his Ships to 
thofe Places; and as the Fleet wanted Men to fit it 
out, and ferve aboard it, this Prince, for that Rea- 
fon, obtained (as the Scripture informs us) from Hi- 
ram King of Tyre, fome People experienced in Ma- 
ritime Affairs, who, as it likewife appears, had alfo 
Ships in the Red Sea (after having fent the Materials) 
to join with thofe of Solomon in this Vovage. 

it is feen by what I have faid, in regard of the A- 
rabians, that the Iflands of Ceylon and Sumatra, were 
the principal Places (that is to fay the richeft) to 
which they failed ; the Fleet of Solomon ought cer- 
tainly to do the fame in holding the fame Rout, 
I would fay, in traverfing the midft of the Sea. 

It cannot be pofitively affirmed, that the Me of 
Ceylon has been formerly rich in Gold, as many of 
the Learned believed, and that this Fleet, which 
certainly went thither, drew its Gold from thence, 
as it did its precious Stones, CafTia and Cinnamon ; 
but it may be fuppofed with much greater Probabi- 
fity , that it got it from fome Part of the Peninfula 
of Malacca, called anciently the Chcrfonefe of Gold, 
or from the Ifland of Sumatra, fince this has been 
aUvays, as it llill is, full of this precious Metal. 
The Sea is as eafy, or eafier, to pafs from the Illc ot 

Gyl.n 



'from Us Original. 



"? ■> 



Ceylon to that of Sumatra by the vveflern Monfoon, 
than it is from Arabia to the Coafl: of Malabar, or to 
the Ifland of Ceylon, as I have demonftrated. Thefe 
two Traverfes have been always praclifed with the 
greateft Facility in the World, and no Navigation of ' 
all the Ocean is fo eafy as this. That which the 
Learned fuppofe, along the Eaftern Coafl of Africa 
to Soffala, is ten Times more difficult and dangerous, 
without reckoning that this Place is two hundred 
Leagues more diftant from Arabia, than the Ifle of 
Sumatra is, and that the Winds, which are not tiie 
fame nigh this Coaft, as in the Middle of the Sea, are 
irregular, and very often contrary. In a proper 
Seafon, a Paflage is now made from Arabia to Suma- 
tra in lefs than a Month, which cannot be done in 
four, from the fame Place to Soffala (by coafting A- 
frick) in any time that may be chofen. 

It is then clear, that this is that dire£t Rout from 
Arabia to Ceylon and Sumatra, which the Arabians 
took, and which the Fleet of Solomon always chofe, 
as the eafiefl and mofl: profitable, oi as the only one 
that could procure him the mofl: precious Merchan- 
dizes of all the Earth, as well as all Sorts of Spices. 

Aloes, which is a mod odoriferous Wood, and 
which is fpoken of in Scripture, is only found in 
thefe Countries, and of which it having been always 
a principal Commerce, is a ftrong Proof, that the Fleet 
of the Arabians, and that of Solomon, went to thofe 
fame Places. Let us yet add, that the Wood of Al- 
mugghim came from thence, (and may reafonablybe 
fuppofed the Sandal) being alfo a fweet fmelling 
Wood ; it comes from the Ifland of Timor, and the 
Macaffars have always carried it to Malacca and A- 
chin, in the Ifle of Sumatra, for Sale to the other 
Nations ot India, who have ever diligently fought it. 

Thefe Elucidations, which {Irongly agree in favour 
of the Truth of thefe ancient Voyages, ought to 
draw the Curious from the Perplexities and Embar- 
ralTments, into which the Commentators on the Bi- 
ble, by the Difference of their Opinions on this Mat- 
ter, have thrown them. The ancient Hiflory ofCaw- 
merce receives alfo a clear Light from this-eafy De- 
monffration, where the Navigation of the Indies has 
always been, and the Tranfport of the rich Mer- 
chandiz.es that have at all Times come from thence. 

Befides, it is feen by thefe fame Eclairciffements, 
that it is by no means neceflary to make the Fleets 
of Solomon and Hiram, undertake the painful Tour 
of Africk, to fetch every time the Gold and Merchan- 
dize as far as Spain, as Mr. Huet has pretended, and 
•yet more recently the Author of the Spectacle de la 
Nature. Thefe Gentlemen, on the Credit of fome 
antient Hifforians, who relate an E.xample of a Voy- 



age that was made round Africk, hare thought that 
the Fleets of the Hebrews and Tyrians, which failed 
from the Red Sea, made this Route in the fame man- 
ner, and what is more, that they repeated it (ac- 
cording to them) every three Years. 

This is not a proper Place to enlarge, on explain- 
ing the Di.tficulties that there were for the Fleets to 
make this prodigious Tour along Shore, as thefe Au- 
thors have advanced : It is eafier to imagine it in a 
Clofet than to make it on the Spot, and to goto ex- 
amine or prove the Dangers, it they had drawn for 
themielves an exacS Pifture of the Fatigues to be en- 
dured in rifking tofollow the Coaih of this great Part 
of the World, and had painted the unknown Shelves 
and Banks under Water, with which the Coafts are fo 
well furnifhed ; the contrary Winds and Currents 
which laft long ; and what is wori'e, the Wrecks 
which Tempells, almofl continually, occafion, on 
being too near a Shore, they would without doubt 
have changed their Language. Even now, when Na- 
vigation is more perfeff than ever, how many Wrecks 
happen in tempefluous Sealbns, when Ships are in 
Sight of the Coafts, either near their Arrival at, or 
after failing from fome Port ? Thefe Wrecks would 
be more frequent and numerous, if the Seas and Ha- 
vens were flrange and unknown, and without the 
marine Charts now ufed, of which they were for- 
merly ignorant. 

The Coafts of Africk are in many Parts difficult 
to frequent, there are Heights, L/Cngths, and Steep- 
nefl'es, full of Shelves, and where the Sea is dread- 
ful in the Motion and Noife of its Waves, which 
break againfl an Infinitude of Rocks. How many 
Ships have the Portuguefe, Englifh, and Dutch loff, 
and ftill lofe, near the Cape of Good H'-pe, notwith- 
flanding the great Experience which they have ac- 
quired in the Navigation on that Coafl ? Their LofTts 
have been flill greater on many Occaflons, in the 
very Road of that Cape. 

Africk has in Truth always produced Gold and 
Ivory, but it is a R^il'take to think, that it has alfo 
yielded Spices and precious Stones ; if Hiftorians of 
former Times, and (among others) Pliny have af- 
firmed it, they ought to be regarded, as fallen into 
an Error in that Refpefl:, the fame as has often hap- 
pened to them in many other Things. 

On the contrary, the Indies have always abundant- 
ly afforded thele rich Productions, with many others, 
of which \}^^ has been made in Trade. Prefent J£x- 
perience fiiffices to demonftrate thefe two Truths ; 
and thefe are FaSs which prove in their Turn, that 
it was not to Africk, and yet lefs to Spain, that Sulo- 
nion fent his Fleet to load thofe precious Commo» 

ditics 



24 



An Hijlcrkal DeduEiion of Trade, &'c. 



(fities, {o diligently fought after in Antiquity. If 
any fach Fleet had rifked making the Tour of Africk 
to come to Spain, what Appearance or Probability 
v/as there that it returned by the fame way, and un- 
der the fime Rifqiies, rather tlian thro' the /Mediter- 
ranean, to get to fome Port in Syria, which is much 
meaner, and the Sea better known and lefs dangerous. 
Ophir and Tarflns, where the faid Fleets went (ac- 
cording to Scripture) are not then the fame Places, 
that Meff. Huet and Pliiche have endeavoured to efta- 
blilli in Africk and Spain, viz. Ophir at Sojfala, afid 
T'arjhis in Andalufta. The learned Bochart has like- 
lier found thefe Places in the Indies, notwithftanding 
the Oppofition which the Abbe Plucbe made againll 
him. I am flrongly led to believe, with Antoine du 
Pinet, (the Tranflator of Pliny) that Tar^jis was Gu- 
zi/rate named by Pliny himfelf, Gcdrofi Populi. That 
Author always tranflated this ancient Name, in that 
of Tarjliis and Guzurate. 

1 he firfl: Voyages of the Indies were made from 
that Side ; and it is probable from this, that the He- 
hrnvs called the Sea which bordered on it, the Sea of 
Tarflvs, todiflinguifh it from the Red Sea, which was 
the neareft to their Country among thofe to the Eafl- 
ward of them. 

In fine, in refpefl; of Ophir, it appears, that that 
Place mufi: be Sumatra, becaufe this Ifle has always 
been the richeft in Gold ; or elfe the Peninfida of Ma- 
lacca, believed to be the Golden Cherfonefe of the An- 
cients, and where was found the odoriferous Woods, 
and other Aromatics, which the more remote Na- 
tions have always brought there, and even to Achin, 
the Capital oi Sumatra. 

To finifh this Matter, I fhall remark that the Au- 
thor of the Spectacle de la Natrre, has ftretched to de- 
monftrate, " that the Knowledge of the North Star, 
" rendered Navigation anciently, more bold and for- 
" tunate ; that the Pbcnicians were thofe that applied 
" themfelves to it moft ; that they taught it with 
" Succefs to the Hebrews, and that they ferved for 
*' Guides to the Fleets of Solomon ; and that in fine 
" by their indefatigable Activity, and by their con- 
" tinual Attention to the Information of the Polar 
" Star, they penetrated every where ;" by which 
this learned Man gives us (without doubt) to under- 
hand, that thefe fame Phenicians made the Hebrews 
make the Tour of Africk, by the Allifiance of that 



Star; but how could it ferve for this long Voyage, 
when it is hardly feen, onlv at five Degrees of Nor- 
thern Latitude, that is to i'ay, one hundred Leagues 
on this Side the Line ? 

This Author, to fhew that the Phenicians with the 
Hehrevcs might make this Tour Coaftways, relates an 
Example happened fince, taken from HerodrAus, viz. 
that Necao, King of Egypt, fent fome Pilots on the 
Red Sea, and ordered them to make the Tour of A- 
frick, which they did, and returning by the Streights 
o( Gibraltar, they arrived in E<:ypt the third Year: 
but when will another Fleet, (fuppofing this Story 
true) be able to do the fame ? and feeing that thefe 
Pilots were near three Years in making this Tour, 
the Fleet of ^'o/ow'? uould not have failed being al- 
moft fix, in making the fame Voyage twice, going 
and coming, without counting its Stay m Spain ; be- 
fides, a Fleet never fails (by a third) fo quick, as a 
Ship or two feparately can. 

As thefe Pilots with their People did not incumber 
themfelves (it is faid) with many Provifions to make 
this prodigious Tour, they take care to relate the 
PafTage of Herodotus, which fays, that thefe People ad- 
vanced into the Southern Sea, (and that as they were 
not ignorant, // is faid in this Parenthcfts, that the 
Summer Rains, deftroyed in the remotefl: Parts of 
Africk, that which was fown in the Spring) when 
they found themfelves in Autumn, they landed, fowed, 
and -waited the Crop, "without ever leaving the Coafls of 
Lybia (that is to fay of Africk) getting in their Har- 
vefl, and re-imbarking. 

This favours ftrongly of a Fable, to any one ac- 
quainted with the Country and Soil of Africk, befides 
Herodotus fuppofes a thing of which he was ignorant, 
viz. that our Autumn makes the Spring in the Meri- 
dional Parts of Africk, their Seafons being oppofite 
to ours. There might be m.any Things offered to 
demonftrate the Impoflibility of this Pratlice among 
Travellers of this Order. 

When a Writer is ignorant of Geographical Par- 
ticulars, and the Nature of a remote Country he can- 
not avoid, at lead:, falling into falfe Suppofitions, 
(exprefl: or underfiood) when he comes to fpeak mi- 
nutely of them. This is , that, which Perfons who 
know thefe Places, by having been there, generally 
remark very well, and juftly. 



THE 



[ 25] 



THE 



MERCHA NT's DIRECTORY. 



Of Merchants, -whether Natives or Foreigners ; their CharaSier ; fome DireiSions for 
their prudent Condut^; and an AhflraB of the Laws novj in Force concerning thein. 



THE Term Merchant (in Latin Mn-a- 
tor) or Trader, from Tradendo, as Min- 
Jhew derives it, is in England, according 
to the general Acceptation of the Word, 
now confined to him who buys and fells any Commodi- 
ties in Grofs, or deals in Exchange; that trafficks in 
the way of Commerce, either by Importation, or Ex- 
portation ; or that carries on Bufinefs by way oi Emp- 
tion. Vendition, Barter, Permutation, or Exchange ; 
and that makes a continued Afliduity or frequent 
Negociation in the Myftery of Merchandizing his 
fole Bufinefs. 

It is true, that formerly every one who was a 
Buyer or Seller, in the Retail way, was called a Mer- 
chant, and they continue to be deemed fo flill, both 
in France and Holland; but here Shopkeepers, or thofe 
who attend Fairs and Markets, have loft that Ap- 
pellation. 

The mercantile Profefllon is very ancient, and ge- 
nerally efteemed noble a-id independent : In France, 
by two Arrets of Lewis XIV. the one in 1669, and 
the other in 1701, a Nobleman is allowed to trade 
both by Land and Sea, without any Difparagement 
to his Nobility; and we have frequent Inftances of 
Merchants being ennobled in that Country, in regard 
of the Utility their Commerce, and the Manufac- 
tures they have fet up, has produced to the State. 
In Brefagnc, even a Retail-Trader does not derogate 
from his Nobility, which only fleeps whilft he con- 
tinues to exercife it, or, in other Words, he only 



ceafes to enjoy the Privileges of his NoblefTe, whil/I: 
he carries on Commerce, and re-affumes it by giving 
over Trade, without any Letter, or Inftrument of 
Rehabilitation. In many other States, and more ef- 
pecially in the Republick of Venice, Holland, and 
Genoa, its Value encreafes, and I wifli I could fay 
the fame Regard was paid it in England, as it merits 
from a trading Nation ; but its Importance is not fo 
juftly confidered by us, as it ought to be, more ef- 
pecially, as we enjoy every defirable Advantage for 
carrying it on ; and could the Gentlemen engaged in 
it, be brought to this way of thinking, and be per- 
fuaded to do Juftice to a Profefllon we all efteem ho- 
nourable, by a ftri£i:er Imitation of the abovemen- 
tioned States, and not only to ftudy, but appropriate 
their Afliduity and Diligence (more efpecially that 
praftifed by our induftrious Fkmijlj Neighbours) from 
a fincere Conviction of the Excellency of the mer- 
cantile Employ, we fhould foon outftrip every Com- 
petitor, and render the Brttijlj Merchant as celebrated 
as the BritiJJj Valour, or the Britijl) Power, which he 
more than others contributes to fupport. It is true, 
that Trade ftands fo fair in the Efteem of an EngliJJj- 
man, and promifcs fo many Occafions either for 
raifing or improving a Fortune, that many younger 
Sons and Brothers of Peers are frequently bred up 
to, and embrace it; but then they are too apt to 
quit it on fucceeding to the Dignities of their Fami- 
lies, or to fome publioJc Employment, and with'^raw 
thofe Funds, which might otherwife be continued in 
E it. 



26 



Of MERCHANTS. 



it, both to their own and the Nation's Emolument; 
whereas was a contrary Practice obferved, and could 
maay (whofe immenfe Riches enable them) be per- 
fiiaded to prrrftie therr frrft Bcgmrnings, and deftine 
Part of their great EfFe£Es to run in this Channel, 
we fliould fee Commerce yet daily improve, and 
many mo^'e aftive Profeffors fhining at the. Head of 
it than we now do, a Number of important Enter- 
prizes might be undertaken, and happily concluded, 
to the no fmall Encreafe both of public and private 
Intereil : But it is an Unhappinefs (I mean in regard 
of Traffic) that many Gentlemen ^vho have been 
enriched by it, or their Inheritors, frequently with- 
draw from it, either to live in Retirement, or by an 
Advancement to Honours and Ports, change the tran- 
quil and pleafurable niercantHe Employ, for the 
more trwaW^feme,- tho' fptendid one of Grandeur 
and Power j and notwithftanding fuch may, and un- 
doubtedly often do, look down on their quondam 
Bufinefs, as derogatory and now beneath them> yet 
a prime IXIinifter of France, and feveral fucceSTive 
Grand Dukes of Tiifcar.y (as mentioned in the pre- 
ceding Difcourfe) I fhould think might countenance 
any one's Continuance in it, as they deemed it no 
Difparagement to their high Stations, to be diflin- 
guifhed for their Trade, as for their Eminency and 
Greatnefs. And to fhew how Commerce is thought 
of by moft Foreigners, \rc may fubjoin to the Ex- 
amples quoted of the Regard paid it, that many of 
the Italian Princes are the principal Merchants of 
tfieir States, and think it no Difcredit to make their 
Pakces ferve as Warehoufes. Many of the Kings 
of Afia, moft of thofe on the Coaft of Africa and 
Guinea, traffic with the Europeans, either in Perfon 
or by their Minirters ; fo that in reality, Spain is the 
only Country I know of, where the mercantile Em- 
jjloy is in Difrepute; and there it is counted lefs ig- 
noble and ungenerous to beg, than fotlicit a Sup- 
port, or impro\e a Fortune by merchandizing. And 
before I proceed to mention the Laws in Force, con- 
cerning Traders, I (hall here defcribe their necelTary 
Qualifications, and give fome few Rules for their 
Condu^ tending to fecure them the Succefs they 
aim at. 

Previous to a Man's engaging in a general Trade, 
and becoming an univerfal Dealer, he ought to trea- 
fure up fuch a Fund of ufeful Knowledge, as may 
enable him to carry it on with eafe to himfelf, and 
without rifking fuch Loffes and Difgufts, as great 
ill concerted Undertakings will naturally expofe him 
to ; wherefore to reduce this neceffary Science to a 
proper Regulation, I fliall recommend the following 



Particulars to his Acquirement, and if his TracJe is 
more limited, his Learning and Knowledge may 
be fo too. 

The general Mercbant then Jhould learn, 

1. To write properly and corre6Hy. 

2. All the Rules of Arithmetic, which have any 
Affinity or Relation to Commerce. 

3. To keep Books of double and fingle Entry, as 
Journals, Leidger, iSc. 

4. To be expert in the Order and Forms of In- 
voices, Accounts of Sales, Policies of Infurance, 
Charter-parcies, Bills of Lading, and Bills of Ex- 
change. 

5. To know the Agreement between the Monies, 
Weights a-nd iVIeafores of all Parts. 

6. If he deals in Silk, Woollen, Linen, or Hair 
Manufadtories, he ought to know the Places where 
the different Softs of Merchandizes are manufaftur- 
ed, in what Manner they are made, what are the 
Materials of which they are compofed, and from 
whence they come, the Preparations of thefe Mate- 
rials before working up, and to the Merchandizes 
after their Fabrication. 

7. The Lengths and Breadths which Silk, Wool- 
len, or Hair Stuffs, Linens, Cottons, Fuftians, i^c. 
ought to have, according to the diverfe Statutes and 
Regulations of the Places where they are manufac- 
tured, with their different Prices according to the 
Times and Seafons, and if he can add to his Know- 
ledge the different Dyes and Ingredients, which en- 
ter for the Formation of the various Colours, it will 
not be ufelefs. 

8. If he confines his Trade to that of Oils, Wines, 
i£c. he ought to inform himfelf particularly of the 
Appearances of the fucceeding Crops for his Govern- 
ment, in difpofing of what he has on hand, and to 
learn, as exa(Stly as he can, what they have produc- 
ed when got in, for his Dire£lion in making the ne- 
cefTiiry Purchafes and Engagements. 

9. What are the Sorts of Merchandizes which 
are found more in one Country than another, them 
which are fcarce, their different Species, and Quali- 
ties, and the properefl Method for bringing them to 
a good Market, either by L-and or Sea. 

10. Which are the Merchandizes permitted or 
prohibited, as well entering, as going out of the 
Kingdoms or Eftates where they are made. 

11. The Price of Exchange, according to the 
Courfe of different Places, and what is the Caufe of 
its Kile and Fall. 

12. The 



Of MERCHANTS. 



12. The Cuftoms due on Importation or Expor- 
tation of Merchandizes, according to the Ufage of 
the Places, Tarifs and Regulations, that he trades 

to. 

13. The befl: Manner of folding up, embaleing, 
or tonning the Merchandizes for their Prefervation. 

14. The Price and Condition of freighting, and 
infuring Ships and Merchandizes. 

15. The Goodnefs and Value of all Neceffaries, 
for the Conftrudtion and Repairs of Shipping, the 
different Manners of their Building, what the 
Wood, the Iron, the Mads, the Cordage, the An- 
chors, Cannons, Sails, and all Requifites may coft. 

16. The Wages commonly given to the Captains, 
Officers, and Sailors, and the Manner of engaging 
with them. 

17. The foreign Languages (or at leafl as many 
of them as he can attain to) which may be reduced 
to four principal ones, viz. i. The Spanijlj, which is 
in Ufajje in almoft all the Eaft, particularly on the 
Coafts of AJrick, from the Canaries to the Cape of 
Goad Hope. 2. The Italian, underflood on all the 
Coafts of the Mediterranean, and in many Parts of 
the Levant. 3. The Teutonick or German, which is 
underflood in almoft all the northern Countries. 
And, 4. French, which is now become almofl; uni- 
verfally current, fafhionable and ufeful. 

I S. The confular Jurifdiftion with the Laws, 
Cuftoms, and Ufages, of the different Countries he 
do^s or may trade to ; and generally all the Ordi- 
nances and Regulations, which have any relation to 
Commerce, either at home or abroad. 

19. In fine, altho' it is not precifely necelTary thr.t 
a Merchant be very learned, it is, notwithftanding, 
very proper that he know fomething of Hiftory, 
particularly that of his own Country, Geography, 
Hydrography, or the Science of Navigation, and 
that he has Knowledge of the Difcoveries of the 
Countries where Trade is eftablifhed, in what Man- 
ner it is fettled, of the Companies which are formed 
to fupport thofe Eftablifhments, of the Colonies 
that they have fent out, of which he need not want 
Memoirs, as almoft all are inferted in this Work, 
and which he may alio learn from the Relations of 
Travellers ; all thefe Things are of a very great Uti- 
lity for the Enterpf izes of Commerce, which he may 
have a Defigr( to undertake. 

V We may add to the forgoing Requifites for form- 
ing a Merchant, that he ought on all Occafions to 
have a ftrift Regard to Truth, and avoid Fraud and 
Deceit as. corroding Cankers to his Reputation and 
Fortune ; for however cunningly the Mafk is wore. 
Chance may, or Time certainly will, difcover the 



27 

Cheat, and render the Wearer expofed to the Con- 
tempt and Infults of thofe he has impofed on ; and 
to what has been laid, permit me to fubjoin the Ad- 
vice, that he who undertakes a foreign Trade fliould 
do it with great Caution and Circumfpe£lion, ob- 
ferving feveral Circumftances tending to fccure him 
Succefs : As firft to make himfelf Mafter of that 
Branch of Commerce he intends to engage in; and 
if he does not tranfaQ: this Bufinefs perfonally, to be 
cautious in his Choice of FaQors; above all, that 
they be noted for their Capacity and Integrity ; other- 
wile the beft laid Scheme may be rendered abor- 
tive, and produce a confiderable Lofs, inftead of an 
expeiSed Advantage, thro' the Treachery, Negledf, 
or Ignorance of the Agent ; for which Reafon, a 
Trader fhould not be drawn in to employ a Faflor, 
with whofe CharaQer he is unacquainted, from any 
Motive whatfoever, even from that moft prevailing 
one, of ferving for a lefs CommiiJion than what 
others commonly do, as I am fure no Trade is worth 
carrying on, that vv'ill not afford the Allowance ge- 
nerally made to thofe the Merchant thinks proper to 
fubftitute and employ. His firft Care, therefore, 
fhould be the Choice of fuch a Correfpondent as he 
can depend on, whofe Integrity will naturally lead 
him affiduoufly to follicit and promote the Intereft of 
his Principal, unbiaffed by any finifter Views of his 
own. But as many Merchants, who engage in the 
foreign Trade, as well as thofe who confine them- 
felves to one at home, tranfaft a great Part of the 
Bufinefs themfelves, I fhall here add fome valuable 
Remarks for their Government in Purchafes, and 
Sales, partly extra£ted from Monf Savaryh Parfait 
Negociaiit, and partly what my own Experience has 
furniftied me with, as they may be equally fervicea- 
ble to an Englif: and French Reader, tho' Mr. Sala- 
ry's Share of them were principally intended for the 
latter. 

Trade becomes more or lefs troublefome, accord- 
ing as it is more or lefs extenfive; and it is for this 
Reafon, that Merchants ought to appropriate diffe- 
rent Maxims and Confiderations, for the Condu6l 
and Management of their Affairs. 

Thofe who traffic in the Merchandizesof our own 
Manufaflories, or confine their Trade to the Con- 
fumption of one City only, run lefs Rifques, and 
carry on their Bufinefs eafier than thofe, who difpofe 
of their Goods, not only in the Place of their Re- 
fidence, but to Dealers, or Retailers, in other Parts 
of the Kingdom, or abroad ; this ihall be explained 
after treating of the Manner which Mcrchantsought 
to obferve in the Purchafe of Commotlitics, and the 
eftablilliing Fabricks themfelves. 

E 2 And 



28 



Of MERCHANTS. 



And for this it is to be remarked, that in Places 
where any confiderable Manufaftories were fettled, 
there are generally alTociated Merchants, who fup- 
ply the Fabricators with the necefl'ary Materials for 
their Works, which they fell them, and in Payment 
take their Goods, which they afterwards difpatch in 
other Places or on the Spot, to fupply Commiflions 
given them. 

Tho' there are fome of the Artificers fo opulent, 
as to buy and procure the Ingredients they want for 
the Supply of their Manufaftories from firft: Hands ; 
yet there are others, who (being Mailers of lefs 
Stocks) fell their Goods to the firll Purchafers that 
afk after them. 

Now Merchants mufl: govern themfelves in their 
Dealings with thefe three Sorts of Men, according as 
the Times and Seafonsfhall diftate ; for in thofe, when 
the Merchandizes are icare and in demand, they 
mufl buy of all as well as they can, and according to 
the Advantages that may prefent ; but when Com- 
merce is dead, or little ftirring, and abundance of 
Goods lying on hand, they fhould then a6l with Cir- 
cumfpeftion, and obferve the following Maxims in 
all their Purchafes. 

I. When Goods begin to rife in Price (which 
commonly proceeds from thefe two Caufes, either 
that the Value of the Materials is confiderably aug- 
mented on account of their Scarcity, or that there 
are but few Goods ready-made, to fupply a briit 
Demand) it is natural for thofe that are perfeQed to 
encreafe in Efteem, in proportion to[the Want and 
Paucity of them ; but it is Prudence in him that 
would buy under fuch Circumftances, to examine 
the Caufes that produce this Augmentation ; and if 
the Goods are Silk, enquire whether the Crop of that 
Commodity has been good or bad; tho' if the Sea- 
fon has been moid and rainy, at the Place of its 
Growth, he may be afTured of the latter, and that 
the Scarcity cf the Merchandize proceeds from this 
of the principal Material. 

It is equally the fame in the ManufaQories of 
Cloth, and other Woollens ; when Wools are fcarce 
and rifen in Price, and the fame with Linens under 
the Shortnefs of the Crop of Hemp and Flax, and 
indeed of all Sorts of Materials, which compofe the 
Manufaftures of the different Sorts of Merchandizes, 
current in Trade ; becaufe the Scarcenefs of thefe (as 
has been faid) augments their Price, and confe- 
quently that of the Commodities made of them. 

There is no doubt, that when the augmented Price 
of Merchandizes proceeds from the Scarcity of their 
Materials, that it not only remains fo, long, but that 



it daily rlfes by little and little ; and in this Cafe 
affords the Merchant no room for Deliberation, who 
ought immediately to buy and make his Bargain, to 
receive yet afterwards (in a certain Time) the Quan- 
tity he judges he may want to fell. 

If the Rife of Goods comes from there being few 
in the Fabricks, and a great Demand for them, and 
not thro' a Want of the Materials which compofe 
them, the Buyer ought to a6l with Sagacity and 
Prudence in their Purchafe ; becaufe this probably 
is a Fire that will foon pafs, and this Augmentation 
laft no longer than the Warmth that occafioned it, 
for two Reafons ; the firft, becaufe it may be 
Chance effeft it, proceeding from fome Merchants 
of different Places, accidentally giving their Com- 
miffions at the fame Time, or that they happened to 
meet at the Manufadories, which makes the Fabri- 
cators ftand firm to their Prices ; tho' when thefe 
Merchants are fupplied. Things return to the fame 
State they were in before ; and fuch an Occurrence 
makes them fometimes even diminifh greatly in 
their Value; becaufe the Workmen feeing themfelves 
fought after, engage deeply in their Fabricks, and 
the Abundance then occafions a Cheapnefs, in the 
fame A^anner, as a Scarcity before produced the Re- 
verfe, and thefe Confiderations are very important 
towards fuccefsful Purchafes. 

2. The fecond Maxim necelTary to be obferved in 
the buying of A'lerchandizes, is, to be extremely cir- 
cumfpefl: in his Words, that his Defire of having the 
Goods he is treating for may not appear; and he fhould 
not flight or undervalue them, in order to be thought 
not to want them, as this Cunning only ferves to 
embarrafs the Mind of the Manufacturer, and make 
him more firm and tenacious under the Uncertain- 
ty, whether this is a Feint or not, and is a Means 
of his not fo foon refolving to part with his Goods at 
the Price offered, for fear of being furprized : On 
the contrary, he ought to aft with Sincerity and 
Franknefs, accompanied, however, with Prudence ; 
Workmen liking better to deal with fuch Sort of 
Chapmen, than with thofe who ufe Tricks and Sub- 
tlety. 

3. The third is to confider whether the Merchan- 
dize ha? diminillied in Price from a higher Degree 
to which it was before mounted, or whether it aug- 
mented in Price from a lower one, at which it was, 
by reafon of a Dulnefs in Trade, or by the too great 
Abundance that there had been in the Fabricks : This 
is the greateft Nicety in the Buyers. 

For if it is at the Height of its Dearnefs, and it 
comes to fall, then you ought not to buy, becaufe 

it 



Of MERCHANTS. 



it is certain, that if the Caufe which made it mount 
to fo high a Price ceafes, that it will daily diminifli, 
till it returns to the Point of its jufl: Value. 

On the contrary, if the Goods are at their loweft 
Value, and the Price begins to rife, it is then a Time 
to buy, becaufe it is certain, that it will daily aug- 
ment, fo long as the Caufe which gave room for its 
Augmentation lafts. 

And though what has been faid, may appear a Pa- 
radox, it is however a Truth founded on Experience, 
and by which the mofl: fkilful and ingenious Mer- 
chants have greatly lofl or gained, according as they 
have timely taken their Meafures, or neglected them. 

4. The fourth Maxim in the Purchafe of Goods, 
is both to know and refleft, where they will meet 
the beft Sales, and then fuit their Quality to the Tafte 
of the Inhabitants. 

5. The fifth Maxim is to buy of the pooreft Work- 
men ; becaufe they not having the Means to lay up 
their Manufaftures, mufl fell cheaper than the more 
powerful ones will, who have Subflance, and can 
keep their Goods till a fit Opportunity offers for a 
more advantageous Sale. 

6. The fixth Maxim is not to be drawn in to en- 
gage beyond your Capital by the tempting Bait of a 
cheap Purchafe, and from a wrong Calculation of 
your Ability to pay at the Time agreed on ; as a 
Failure of PunQ:uality herein will occafion a Lofs 
of Credit among the Fabricators, not to be reco- 
vered. 

7. The feventh Maxim is not to employ, as 
Faftors at the Fabricks, any who a(Sl as Mer- 
chants, and fell the Materials to the Manufac- 
turers ; for they always buy the Goods dearer than 
Others who have nothing to fell, becaufe they give 
a Part in Payment, and very often to recover from 
their Debtors, they take of them Merchandize in 
Payment, which are neither fo good, nor hand- 
fome, as thofe bought with ready Money. 

8. The eighth and lafi: Maxim, which I fhall men- 
tion on this Subject, is, that if the Buyer has a 
Partner, one of them fhould be on the Spot, for two 
Reafons ; firji, becaufe being firfl: interefted in the 
Trade, he is more diligent, and takes better Care 
of what he does, than a Faftor, who often regards 
nothing more than his own Intereft, and who having 
Commiflions from feveral Merchants, favours thofe 
he pleafes : the fecond is, becaufe Affairs are tranf- 
afted more fecretly, and many Times, Opportuni- 
ties offer for good Purchafes, which one commiffion- 
ed doth not dare to engage in, though on fuch 
Adventures large Profits are frequently to be 
made. 



29 

Thefe Maxims alfo hold good in the Purchafe of 
all other Commodites, and if carefully attended to, 
will lead the Merchant in the Steps he ought to 
tread, to fecure Succefs ; and as thefe have been di- 
re6ted to guide him in laying out his Money to the 
befl Advantage, I fhall now borrow the AiTilf ance of 
the fame Author to furnifli him with proper Direc- 
tions, for his Management in conducting his Sales. 
And, 

Firji, The Alerchant fhould avoid many Words,, 
and Circumlocutions in his Dealings; as this looks 
more like a Retailer, than one who is not ib ; and 
fuppofing he is treating with one of this lafi: Dif- 
tindion, he may be affured, that the Buyer under- 
ftands the Value of the Goods, fo that the Mer- 
chant only occafions himfelf an unneceffary Trouble 
to alk much out of the way ; therefore what is prin- 
cipally to be obferved in Sales on Truft, is, that his 
Debtor be one noted for his Punctuality and Honefty, 
and alfo difpatches a large Quantity of Goods, as 
thefe Motives fhould induce a Preference to be given 
one fo qualified, (tho' with lefs Profit) rather than 
to another with an inferior Credit,and a fhorter Trade. 

2. If the Merchandizes dealt in, are fuch, as are 
dependant in fome Sort for their Value on tlie 
Mode; Seafons ought to be confulted for adv.in- 
tageous Sales ; fo that if thofe proper for the Win- 
ter, are afked for at the latter End of it, it is not 
reafonable to expe£t fo much then as in the begin- 
ning, neither is it confiftcnt v.-ith the Owner's In- 
tereft to keep them, as he may have no other Offers 
till the returning Year, and he then rlfques their 
continuing in Fafhion, fo that it will be prudent to 
embrace any tolerable Offer under thefe Circumflan- 
ces that is made him. 

3. He ought not to trufl too much to any ore 
Perfon ; for in cafe of a Failure, It may flraiten him, 
and in the End bring him to the fame Misfortune ; 
therefore Prudence will direft him to difperfe hisEf- 
fe6ts in many Hands, that if one or two mifcarry, he 
may be lefs fenfible of his Lofs, and better able to 
fupport it ; this is a very neceffary Alaxlm to be ob- 
ferved by thofe who have large Dealings, as the Suf- 
ferings by a contrary Pradlce are innumerable, and 
there is no one Article of Mifcondudt that has brought 
fo many to Ruin as this. 

4. A Merchant fhould not inconfiderately engage 
with young Men, who have little more to recom- 
mend them to Credit, than being the Children of 
rich Parents, as a Truil on this Account, is the Pro- 
duct of a very falfe Maxim ; becaufe if they do other- 
wife than well, their Fathers would hardly pay their 
Debts, as the Creditor may have flattered Ixlmfelf, 

neither 



30 



0/ MERCHANTS. 



neitlier is it renfonable tt) expe£i: it ; no more than 
to think they rtiould incommode themfelves, or hurt 
their other Children purely to fupport a Son, which 
Gaming, Debauchery, or at bed Imprudence, has 
reduced. 

5. If it happens, that Debtors omit paying what 
they owe at the Times agreed on, the Creditors 
lliould not opprefs them with an extravagant Intereft; 
for though NecelTity obliges them feemingly to fub- 
mit, itisafure Canker to their Fortunes, which too 
often at lafl: involves both the Trufted, and him that 
tri'fts, in Ruin. Befides, if the latter efcapes a 
F;;iiurc, he has drawn the other into, I fhould think he 
could not the Laflies of Confcience, when refleSed 
on his occafioning the Debtor's Misfortunes, by the 
Extortion lie had impoled. 

6. The fixth Maxim is never to lend to any Sort 
of Perfons whatfoever, on an unjuftifiable Security ; 
nor to take an unwarrantable Intereft; for this is a 
deteftable Aci:, and expofes the Ufurer to the Penal- 
ty of the Law, and renders him abominable both in 
the Sight of God and Man. 

It is however bcth reafonable and prudent, for a 
Merchant to take Pledges or Securities from his 
Debtors, and to be cautious of what they confift ; 
for if they are in Merchandize, the Colours, Falhions, 
^c. of them may change, or the Quality may fuffer 
by keeping ; fo that whilll he imagines he has the 
Value of what is owing him in Hand, he may be 
miftaken by the half : And in thefe Cafes of lend- 
ing or felling on Truft, and taking Pawns, inftead 
of Notes for Security, the Seller or Lender fhould 
add to the above Precaution, that of making the 
Terms of the Depofit very clear and apparent, in 
Caie of, a Failure in the Debtor, and aconfequential 
Claim of the Goods by the other Creditors, as a 
joint Property ; otherwife he may be accufed of en- 
jleavouring to abfcond the Bankrupt's EffeSs ; and 
if he has not taken the prudent Steps he ought in his 
Dealings, may be obliged to give up v\'hat he received 
as (and efleemed) a Security, befides fuffering in his 
Reputation, for being unable to juftify what he affer- 
ted and pretended ; it would therefore be very pro- 
per to have the Aff;jir tranfaded before Witnefles, 
or at leaft to have all the Goods that are pledged par- 
ticularly exprcfl, in (he Note or Obligation given 
for the Truft or Loan, by which Means the afore- 
mentioned Inconvcnicncies v/ould be avoided. 

7. A Merchant fhould always endeavour the Sales" 
of fuch Goods, as are decaying, damaged, or grow- 
ing unfafliionable, as foon as he conveniently can; 
and if Money is not obtainable for them, he fhould 
truck them, if he can do it, on a tolerable Footing . 



regarding, however, in this Cafe, not to make the 
Exchange, as one may fay, with his Eyes (hut, but, 
firj}, toobferve, that he is well verfed in the Quality, 
and has a perfeft Knowledge of the Goods he takes in 
Return, otherwife he may verify the Proverb of be- 
ing Oz/? of the Frying-Pan into the Fire. As Deceits 
are very common in thefe Sorts of Negociations, fe- 
condly, he ought to know, where, and on what Tcrm^ 
he can get rid of his new Effefts, otherwife he may 
rifque lofing more by them than his old ones. And, 
thirdly, he ihould always avoid giving any Share of 
ready Money in the Bargain, if he poiTibly can, as 
he that parts with it, is fure to have lefs Advantage 
in thel'e uncertain Dealings, than he that receives 
it. 

8. And lajlly, a A'lerchant fhould never fell any of his 
Goods in fmall Parcels, except drove thereto by meer 
Neceffity, as this is derogating from his Charafter, 
and will certainly occafion him a Lofs of his Retail 
Cuflomers. 

Merchants here were always particularly 
regarded by the Common-Law, tho' the Ditto. 
municipal Laws of England, or indeed of 
any one Realm, are not fufficient for the ordering and 
determining the Affairs of TralBck and Matters re- 
lating to Commerce ; Merchandizing being fo uni- 
verfal, and extenfive, that it is impofTible, there- 
fore, the Law Merchant (fo called from its univerfal 
Concern) all Nations take fpeclal Knowledge of; 
and the common and ftatute Laws of this Kingdom, 
leave the Caufes of Merchants in many Cafes to 
their own peculiar Laws. In the Reign of King 
Edvjard IV. a Merchant Stranger made Suit before 
the King's Privy Council, for feveral Bales of Silk 
felonioufly taken from him, wherein it 
was moved, that this Matter fhould be isiid'w. IV. 
determined at common Law ; but it 
was anfwered by the Lord Chancellor, that as 
this Suit was brought by a Merchant, he was n^t 
bound to fue according to the Law of the Land. 

In former Times it was conceived that thofe Laws, 
that were Prohibitory againft foreign Goods, did not 
bind a Merchant Stranger ; but it has been a long 
Time fince ruled otherwife ; for in the Leagues that 
are now eftablifhed between Nation 
and Nation, the Laws of either King- 19 Ikn. VII. 
dom are excepted ; fo that as the Eng- 
lijl} in France, or any other foreign Country in Amity, 
are fubje6l to the Laws of that Country, where they 
refide, fo murt the People of France, or any other 
Kingdom, be fubjefit to the Laws of England, when 
refident here. 

En^UJk 



0/ M E R C H A N T S. 



3^ 



Micli. 1 2 and EngliJ}) Merchants are not reftrained 
i^Eliz. lo depart the Kingdom, without Li- 

Dyer 206. cence, as all other Subjects are ; they 

may depart, and live out of the Realm, 
and the King's Obedience, - and the fame is no 
Contempt, they being excepted out of the Statute 
5 /?. II. c. 2. and by the common Law they might 
pafs the Seas without Licence, tho' not to merchan- 
dize. 

By Magna Cbarta it is enaded, that all 
9 Hen. III. Merchant Strangers in Amity, (not pub- 
c- 3°- lickly prohibited) fliall have fafe Condu£t 

to come into, depart out of, and remain 
in England, and to travel by Water or Land, in and 
through the fame to buy and fell, ^c. 

And if any Difturbance or Abufe be 
Stat. 9 EJw. offered them, or any other M.rchant 
III- c. I. in a Corporation, and the Head Officer 

there do not provide a Remedy, the 
Franchife fhali be feized, and the Difturber fhall 
anfwer double Damages, and fufFer one Year's Im- 
prifonment, i^c. 

All Merchants (except Enemies) may 
14 Ediv. in. fafely come into England, with their 
Stat. 2. c. 2. Q^^jg gj^j Merchandize. 

Merchant Strangers may come into 
5 R. II. c. I. this Realm, and depart at their Plea- 
; Hen. IV. f"'"^> ^""^ fhey are to be friendly en- 
c. 7. tertained ; and Merchants Alien fliall 

be ufed in this Kingdom as Denizens 
are in others by the Statute. 

No Merchant fhali be impleaded for 
27 Edixi. III. another's Debt, whereof he is not 
c- 17- Debtor, l^c. and if a Difference arifes 

between the King and any foreign 
State, Alien Merchants (liall have forty Days Notice, 
or longer Time to fell their EfFefts, and leave the 
Kingdom. 

A^. S.The Time for Merchants to with- 
Treaty of jraw their Effe£Is, has been by all late 
Commerce Treaties enlarged to fix Months, du- 
with Spain, ^- ^^j^j^j^ .pgj.j^ jj^g gi.g j^ remain 

free and unmolefted as well m rerfon 

as Goods. 
27Cri^w. III. All Merchants may buy Merchan- 

c. 3. and 38 dize of the Staple, and any Merchant 
Eiiw. III. niay deal in more Merchandizes than 
'■ ^' one; he may buy, fell, and tranfport 

all kinds of Merchandize, excepting by later A£ls, 
Wool, ye. 

* Sed quxre, for it halh beenfmce held, that the Executor and Stir'vi'vor cannot join, for the Remedy fiirvi^es, though the 
Duty doth not ; and therefore on Recovery h( mufl be accQuntable to the Executor far that, Martin, v. Crump. Salk. 414. 

and 



and other 
Powers. 



Merchant Strangers 2ire io ^nd^n-i- .^rr n 
ties, that they fhall not carry out the ^ ^^ 
Merchandi?.e which they bring into 
England. 

And when they bring anyMerchan- 4 Hen. IV. 
dize into the Realm, and fell the cap. 15. 
fame for Money, they are to beftow j/Zf»- Iv. c.9. 
it upon other Merchandizes o^ England, 
without exporting any Gold or Silver in Coin, Plate, 
i^c. on Pain of Forfeiture. 

This Law is altered, permitting Adlfor Trade, 
Gold or Silver Bullion, or any foreign 15 Car. 11. 
Coin, or Jewels to be exported. c- 7- 

The fame extends as well to Deni- g yr^,,^ yi. 
zens as Strangers, and in Striflnefs of ^ ,4. 
Law, they ought not to receive any 3 Hen. VII. 
Gold in Payment. But now Payment c. 8. 
may be made in any of the current 
Coins of this Kingdom. 

And the Reafons of thefe Laws 
were to keep the Gold and Silver with- ' ^"^- ^^- c-9- 
in the Realm, and at the fame Time 
increafe our Manufactures by encouraging their Ex- 
portation abroad. 

Foreign Merchants are to fell their Merchandize at 
the Port where they Land in Grofs, and not by Retail. 

And Merchandize is to be laden, 
and unladen, at certain Ports, and in • ^'''^- c. 11. 
the Day-Time, under Penalties. 

It fliall be lawful ior Merchants to Stat. 12. Car. 
tranfport Iron, Armour, Piftols, Muf- "■ <^- 4- 
kets. Saddles, Swords, Bridles, i^c 

Merchants, &:c. corrupting or adul- ' ^- ^ndM 
terating Wine,or felling the fame adul- ^ ■ •• c.ip. 
terated, are liable to Penalties. ^'^' 

On Importation of Tobacco Mer- 1 2 y^««. cap. 8. 
chants have an Allowance of Eight 
per Cent. &c. 

All Merchants, Strangers, that x i Hen. VII. 
fliall be made Denizens, either by c. 14. 
the King's Letters Patents, or by zzHen.VUL 
A£t of Parliament, mufc pay for their c. 8. 
Merchandize, like Cuftom and Sub- i£/'z. cap.i. 
fidy, as they ought, or fhould pay ^j»' ^- ^^''^^■ 
before they were made Denizens. ' '^ 

The Wares, Merchandizes, Debts 
or Duties that Merchants have as V E. III. 7 
Joint-Traders or Partners, fhall not Coie on Ltttle- 
go to the Survivor, but (hall go to the '^i^/»^ Yg's 
Executor of him that is deceafed * ; 



0/ MERCHANTS. 



I Fern. 2 I 7. 



32 

and the Executor may join in an A6lion with the 
furviving Merchant. 

In Copartnerfhips between Mer- 
chants, it is not neceflary to provide a- 
gaiiifl furvivorfliip. 

Iltuo Joint-Merchants occupy their Stock, Goods 
and Merchandize in common, to their common 
I'rofit, one of them naming himfeif a Merchant, 
fliall have an Account againft the other, naming 
liim a Merchant, and fhall charge him as Receptor 
f Diiarionim, Sec. that is, as Receiver of the Money 
of him B, from ivhatcver Caufe and Contrail it flmll 
redound to the common Profit of them A and B, as may 
he made appear by Lex Mercatoria, 10 H. VII. 
16. a. 

Lord Ray. So where there are two Joint-Mer- 

nioitd, 340. chants, and one of them dies, the o- 

"" ther lliali have Account againft their 
Faflor, without the joyning of the Executor of 
the deceafed. 

In an ASion upon the Cafe asr-iinft 
2^Rolls Abr. ^^ jj^g Plaintiff declares upon the Cuf- 
/"^ > 7 03- [Qpj between Merchants, U'c. that if 

two Merchants are found in Arrear upon an Account, 
and they promife to pay it at certain Days, that any 
or either of them, may be charged for the whole 
finely ; and then lliewed the Account, that A and 
B, were found in Arrears fo much, (jfc and 
promifed to pay it at certain Days, but did not, 
and the Plaintiff brought his ASion againft A only, 
and refolved that it lay. 

Yel iq8 I '^° '-'''" a Merchant y^//>7! Bankrupt, 

Bu!ft. 1 34. i^ a£lionable. Tarloot cont. Morrifon. 

Yel. 135. 1 Debt upon a Bill by a Merchant to 

Brow. 103. pay foreign Coin, amounting to fo 
Pernifon and much to be paid upon the Feaft of the 
Pounteyi Cafe. Purification called Candlemas-Day. 
Upon mn eft fa^um pleaded, VerdiB for the Plain- 
tiff. Moved in Arreft of Judgment, that the De- 
claration was not good, becaufe Payment at Candle- 
mas is not known in our Law ; yet the Judgment 
Tvas affirmed, for that amongft Merchants, fuch 
Payment is known to be on the 20th of February, 
and the Judges ought to take Notice of it, being 
iifed among Merchants, for the Maintainance of 
Traffick. 

No Ship fhall be obliged to come to 
28 Edw. III. any Port of England, nor to abide, a- 
cap. 13. Seft. gainft the Will of the Mafter, or of 
3' the Merchants, whofe the Goods be ; 

and if fuch Ships come of their good Will, or be 



driven by Misfortune to any Port in England, and 
the Mafters or Merchants will fell Part of their Mer- 
chandizes, it fhall be lawful for every Man to buy 
fuch Merchandizes, albeit the fame be not put to 
Land to fell ; fo that no Merchant or other go to meet 
fuch Ships to foreftal the Merchandizes; fo that the 
Mafters and Merchants, after they have fold that 
which pleafeth them, and paid the Cuftom, may freely 
depart, and none fhall difturb any Ship to come to 
any Port of England, but to the Port where the Ma- 
fters and Merchants will of their free Will arrive, 
nor ftiall meddle with the Sale of the Merchandizes, 
nor difturb the Merchants; and if any fet Difturb- 
ance, he ftiall incur a grievous Forfeiture to the King. 
Confirmed by 20 Ric. II. c. 4. 

Indebitatus Affumpfit (oT looo/. for Monies had and 
received, and alfo an Infimul Computaffet, upon Ac- 
count, the 1000/. became due ; the Defendant 
pleaded the Statute of Limitations; the Plaintiff 
replyed, that he is a Merchant, and the Provifo, and 
Exception for Merchants Accounts. By T-wifden, 
Rainsford, and Moreton, abfcnte Kelyng, ftated Ac- 
counts between Merchants as this Cafe is, are not 
within the Provifo, but only Accounts current, IVeb- 
ber cont.Tyrell. I Levinz. 287. 2 Keeble 6l2. 2 Sand. 
124. where Judgment for Defendant; yet the Cafe 
of Martin and Delboe, i Levinz. 298. to the con- 
trary upon an Account ftated between Merchants • 
yet the fame Cafe, 1 Mod. 70. Judgment for De- 
fendant, 2 Keeble 674. I Feiit. 89. and i hid. 465. 
See likewife the Cafe of Farrington and Lee, i Mod. 
268. and 2 Mod. 311. 

All Kinds of Merchandizes may be 33 Edvi. III. 
exported and imported, from and to c. 18. 
Ireland, by Aliens, as well as Deni- 
zens, but Wool and Woollen Manufaftures, i^c. 
are prohibited to be exported from thence into fo- 
reign Parts, by a modern Statute. 

Cattle, Butter, Chcefe, i^c. are 32C«r. II. 
not to be in>ported from Ireland into c. 2. 
this Kingdom, on pain of Forfeiture 
to the Poor. 

The Inhabitants of the Iflands of Stat. 3. Get. I, 
Jerfy and Guernfey, may import into c. 4. 
Great-Britain, Goods of their own 
Growth and Manufacture, Cuftom free. 

No Wine, Brandy, Tobacco, £(7/?- 
India Goods, i^c. ihall be brought 1 2 Geo. I. c. 
from the IJle of Man, into Great-Bri- 28. 
tain or Ireland, on Pain of Forfei- 
ture,- tifc. 



I 



f Co. Lilt. 172. lib. Incrat. 17, iS, 19. F. N. B. 117. D. 



A Woman 



Of MERCHANTS. 



n -> 



Privil. Londini. A Woman that ufeth a Trade in 
London without her Hufband, is charge 
able without him, as a Feme fole Merchant, Ihe 
fhall plead as fole, and if condemned be put in Pri- 
fon till file pay the Debt, alfo the Bail for her are 
liable if fhe abfent herfelf, and the Hufband fhall not 
be charged. 

It fliall not be lawful without Ll- 
I Jac. II. c. 8. cence from the King, to import by 
Setl 2. way of Merchandizes, Gunpowder, 

Arms, Ammunition, or Utenfils of 
War, on pain to forfeit the fame ; and the Importers, 
or they in whofe Cuftody fuch Gunpowder, l£c. 
fliall be found, fliall forfeit treble the Value tliere- 
of. 

All Perfons which fliall tranfport 
jj£/(z. c.ii. Beer beyond the Seas for Merchan- 
Se(5l. 2. dize, fliall, if a Stranger before tranf- 

porting, if a Subjeti: born, then 
within four Months after, bring into this Realm, 
for every fix Tons of Beer, two hundred of Clap- 
boards, fit for to make ufe of, in Length three Feet 
and two Inches, or elfe the fame Cafk again, or fo 
much other good Cafk ; or if the Transporting be 
into Irehvul, then to bring fo much Shaffold Board, 
as the Clapboard amounteth to. 

No Stranger fliall tranfport beyond 
Seft. 3. the Seas any Pilchards or other Fiili in 

Cafks, unlefs the fame Perfon have 
brought into this Realm, for every fix Tons of Fifli, 
according to the Rate aforefaid of Clapboard or 
Cafk, upon pain of Forfeiture of the Beer, Pilchards 
and Cafli. 

It fhall not be lawful to tranfport 
Se6l. 4. Wine Cafks out of this Realm with 

Beer or Beer-eager, nor any Wine 
Cafk fliaken, except for the ViiStualiing of any Ship, 
or of her Majefty's Garrifons and Forces, upon 
Forfeiture of forty Shillings for every Ton of 
Cafk. 

„ „ This AS: fliall not extend to the 

■ '■ Tranfportation of Herrings in Caflis. 

Continued indefinitely by 3 Car.I. c.4. and 1 6 Car. I. c.4. 

The Juftices of Ireland fliall not 

Ordin. pro. arrefl Ships or Goods, but A'lerchants 

otat. Hiher. ^lay carry their Merchandizes forth of 

«7 Edw. I. Ireland, to England or IValet ; and if 

^' ^' any Juftice do the contrary, he fliall 

fatisfy double Damages, and be griev- 

oufly puniflied by the King. 

Idem. 34 Ed. Merchants may come into Ireland 

III. cap. 17. with their Merchandizes, and from 
thence freely return with their Mer- 
chandizes nnd Viduals faving to the King his ancient 
Cuftoms, and other Duties. 



When the Prices of Q)rn, Winchejhr 1 5 Cat. \\. t. 

Meafure, do not exceed the Rates foJ- 7. Seft. z. 

lowing, viz. the Quarter of Wheat 

48/. of Barley or Malt 28/. of Buck Wheat 2S/. 

of Oats 13/. 4^/. of Rye 32/. of Peafe or Beans 32/. 

it fhall be lawful for all Perfons to tranfport thefaidf 

Corn to any Parts beyond the Sea as Merchandize. 
When the Prices of the faid Corns, 

do not exceed the Rates above-men- Iciem. 

tioned, at the Place where they fhall Seft. 3. 

be imported, there fhall be paid for 

Cuftom of every Quarter of Wheat 5/. and 4«'. of 

Rye 4/. of Barley or Malt is. 8d. of Buck Wheat 

2/. Oi Oats I/. 4(/. and for Peafe or Beans 4/. 
It fhall be lawful for every Perfon, 

Native or Foreigner, at any Time to 22 Car. 11. 

tranfport as Merchandize all Sorts of cap. 13. S. r 

Corn, although the Prices exceed the 

Rates in 15 Car. II. cap. 7. and when the Prices of 

Corn at the Places where the fame fliall be imported, 

exceed not the Rates following, there fhall be paid 
for Cuflom thefe Rates, viz. for every Quarter of 
Wheat, when the fame fliall not exceed 53/. 
4 i/. 16/. when the fame fliall exceed 53/. 4^. 
and not exceed 4/. there fliall be paid 8/. For 
every Quarter of Rye, when the fame doth not ex- 
ceed 40/. 16/. For every Quarter of Barley, Malt, 
or Buck Wheat, when the fame doth not exceed 32/'. 
16s. For every Quarter of Oats, when the fame 
doth not exceed 16/. 5/. ^d. For every Quarter of 
Peafe and Beans, when the fame doth not exceed 40/. 
16s. each Quarter to contain eight Bufliels, and 
each Bufhel eight Gallons. 

When the Prices of Corn fhall not 
exceed the Rates aforefaid, there fliall Idem, 
be paid the Duties, payable before Seft. 2. 
the making of this A61. 

Continued iy 2 IVilL and Mar. Stat. I. Cap. 4. Seflr. 
3. I Jnn. Stat. i. Cap. 13. Se6f. 2. and 9 j^nn. 
Cap. 6. Sect. 2 and made perpetual iy 3 Geo. i. 
Cap. 7. 
When Malt or Barley fhall be at i ll'Ul. and 
24/. per Quarter,Rye at 3 2/. per Quar- ■^^'"■- Stat, i . 
ter, and Wheat at 48/. per Quarter, Cap. 12. S. 2. 
or under, in any Port of this King- 
dom, every Perfon who fliall put on board in Englijb 
Shipping, (the Mafter and two-thirds of his Mari- 
ners being Englijh Subje<Ss) any Sorts of the Corn 
aforefaid, with intent to export the fame, fuch Per- 
fon fliall bring a Certificate under his Hand, contain- 
ing the Quantity and Quality of Corn io fiiipped, to 
the CoUedors of the Cuftoms, and upon Proof of 
fuch Certificate, by one Perfon upon Oath, and upon 
Bond given of 200 /. for every hundred Tons of 
F Corn 



Of MERCHANTS. 



Corn fliipped, that the T^id Corn (Danc;ers of the 
Seas excepted) (hall be exported beyond Sea, and not 
again landed in England, Wales, Guernfey, Jfrfn, or 
Ber-J.'ici ; every Merchant fo fhippinj^, is'c. iliall re- 
ceive from the Collectors, for every Quarter of Bar- 
ley or Malt 2s. 6d. for Rye 3/. 6d. for Wheat 
ground or unground 5/. without any Fee : And upon 
Certificate returned under the common Seal of the 
chief Magiftrate of any Place beyond Sea, or under 
fhe Hands and Seal, of two known Englijt? Mer- 
chants upon the Place, that fuch Corn was then 
landed, or upon Proof that fuch Corn was taken by 
Enemies, or perifhed upon the Seas, the Bond fliall 
be delivered up without Fee. 

Where Malt or Barley of Englijl] 

I Will, and Growth fhall be at 24/. the Quarter 
Mar. Stat. i. or under. Rye at 32/. Wheat at 48/. 
Cap. 24. Sea. in Ber^vick ; every Perfon who fhall 
■'^- put in Englijlj Shipping (the Mafter 

and two-thirds of his Mariners being 
their Majefty's Subjeds) any of the Corn aforefaid, 
from the Port of Berivick, to export the faid Corn, 
and fhall purfue the Method prefcribed by i IViH. 
and Mar. Cap. J2. fhall have the Benefit of the 
faid Ad. 

The Subfidy and all other Duties 

II and 12 payable upon Exportation of Wheat, 
//V/. III. Cap. Rye, Barley, Malt, Beans, Peafe, 
20. bet't. 4. gpj other Corn, ground or unground. 

Bread, Bifcuit, and Meal, fhall ceafe. 
12 and 13. If the Colleaor of the Cuftoms 

Wil. III. Cap. have not fufficient in his Hands to fa- 
10. Sea. 93. tisfy fuch Money as fhall be due to any 

Exporter of Corn, by i IVill. and 
Mar. Stat. i. Cap. 12. fuch Coiledor fhall give the 
Perfon demanding fuch Money, without Fee, a Cer- 
tificate of what is due to fuch Peribn for the Corn 
exported from iucli Port, certifying to the Commif- 
fioners, that he hath not Money fufficient ; which 
Certificate being affixed to the Debenture for the Corn, 
and produced, the CommilTioners are required to 
caufe the Monies to be paid in three Months by tlie 
General Receiver, out of Monies arifing out of fuch 
Duties in the Port of London, as are chargeable with 
the fame. 

For all Oatmeal and Grain, called 
5 j^nn. Cap. Beer or Bigg, which (hall be exported 
29. Sea. 10. fiom England, M^ales, or Beriuick, 

there fhall be the like Premium given 
npcn Exportation, as is to be given by the Articles 
of Lnion, upon Exportation of Oatmeal and Beer 
from Scotland; the Merchant bringing a Certificate 
under his Hand, containing the Quantity of fuch 



Oatme.il or Beer, to the Colledor of the Cuftoms, 
and making ftroof of fuch Certificate by one Perfon 
upon Oath, and giving Bond in 10/. for every Ton 
of Oatmeal, and for every forty Bulhels of Beer, 
that the fame fhall be exported beyond Sea, ajid not 
re-landed ; which Premium the Merchant fhall re- 
ceive of fuch Colledor, and upon Certificate re- 
turned under the common Seal of the chief Magif- 
trate, in any Place beyond Sea, or under the Hands 
and Seals of two known £'«^?//yZ' Merchants upon the 
Place, that fuch Oatmeal or Beer was there landed, 
or upon Proof that the fame was taken by Ene- 
mies, or perifhed upon the Seas, the Bond fhall b« 
delivered up without Fee. 

Every Perfon exporting Malt, made of Wheat, 
fhall receive of the CoUedors of the Cufloms, i^jc. 
five Shillings for every Quarter ground or ur^ 
ground. 

The Officers of the Cuftoms fliall 2 Geo. II. c. 
admeafure all Corn, whereon there is 'S. Seft. 4. 
an Allowance payable for Exportation, 
and fuch Admeafurement fhall be made by a Mea- 
fure containing four Hlncbejkr Bufhels ; and if ft!ch 
Corn fliall be brought to be fliipped in Sacks, the 
Oflicers are to make Choice of two of thefe Sacks, 
out of any Number not exceeding twenty, before 
the fame fhall be put on board, and thereby com- 
pute the Quantity mtended to be fliipped, and ac- 
cording to fuch Computation, the Allowance fhall 
be paid to the Exporter, upon his producing a Cer- 
tificate from the Officers of the Cuftoms, attefting 
the Quantity and Quality of the Corn fhipped for 
Exportation. 

The like Regulations fhall be ex- Ditto Sea. 5. 
tended to the afcertaining the Prices 
and Quantity of Beer or Bigg, Oatmeal and Wheat 
Malt intended for Exportation. Provided, that no^ 
thing in this Ad fhall alter the prefent Pradice of 
fliipping Corn from the Port of London ; but the 
fame may be meafured by fworn Meters, by whofe 
Certificate, the Searchers or other Officers of the 
Cuftoms, are to certify the Quantity of Corn fliipped 
for Exportation, as hath been pradifed. 

It fhall be lawful for the Juftices of 
Peace, for the feveral Counties within 5 Ceo. II. c. 
England, Wales, and Berwick, where- 1 2. Sea. i. 
in foreign Corn fliall be imported, at 
their Quarter Seilions, to give in Charge to the 
Grand Jury, to make Prefentnient of the Market 
Prices of midling E'tgl/fJ' Corn of the Sorts men- 
tioned in an Ad 2Z Car. II. cap. 13. 

Such 



Of MERCHANTS. 



35 



Seft. z. Such Prefentment (hall be certify- 

ed by the Juftices, to his Majefty's 
chief Officer of the Cuftoms, in every Port where 
fuch Corn (hall be imported, and be hung up in the 
Cujhm-boufe. 

The Duty of foreign Corn im- 
Seft. 3. ported, fliall be paid, according to 

the Prices contained in fuch Certi- 
ficates. 

Nothing in this AQ: fliall prejudice 
Sc6l. 4. the Authority given by the i Jac. II. 

cap. 19, to the Mayor, Aldermen, 
and Juftices of Peace of the City of London. 

No Warrant, Cocket, ^c. fliall 
Seft. 5 . be granted for carrying to Sea, from 

any Port within England, Wales, and 
Berwick, to any other Port of the fame, any foreign 
Corn after Importation thereof ; and no Perfon fliall 
tranfport any foreign Corn, or foreign Corn mixed 
\v\th EngliJJ.), under Penalty, that all fuch Corn that 
fhall be tranfported or laden contrary to this AQ. 
Ihall be forfeited, and every Offender fliall forfeit 
20/. for every Bufliel of fuch Corn, and the Ship upon 
which fuch Corn fliall be laden, fliall be forfeited ; 
and the Mafter and Mariners of fuch Ship wherein 
fuch Offence fliall be committed, knowing fuch Of- 
fence, and affifting thereunto, fliall be imprifoned 
three Months. 

If any Perfon beat, wound, or ufe 
1 1 Gea. II c. any Violence to hinder one from buy- 
22. Sett. I. ing Corn, and fliall flop or feize on 

any Carriage loaded with Wheat, 
Flower, is^c: and deflroy the fame, or fliall take 
away, or hurt any of the Horfes or Drivers, bfc. 
upon Convidlion, he fliall be fent to Goal or Houfe 
ofCorreQion, and be kept to hard Labour, not ex- 
ceeding three Months, nor for lefs than one, and fliall 
be once publickly whipped at the Market-Place on a 
Market-Day. 

If any Perfon after Conviction fliall 
Sefl. 2. commit any of the Offences a fecond 

Time, or lliall pull down or deflroy 
any Storehoufe, or Place where Corn fliall be kept 
to be exported, or fhall enter on board any Ship, 
and from either of thefe Depofitories, carry away or 
deflroy any Corn, Meal, yr. fuch Offenders fliall 
be adjudged guilty of Felony, and fliall be tranfported 
for feven Years. 

The Inhabitants of every Hundred 
Se^- 5. in England, wherein fuch Offence fliall 

be committed, fliall make Satisfaction 
for all Damages fuflaiaed not exceeding loo/. 



Provided that no Perfons be enabled 
to recover Damages by this AQ, un- Seft. 6. 
lefs they by themfelves or their Ser- 
vants, within two Days after Damage done, fhall 
give notice of fuch Ofi^enre to one of the Conftables 
of the Hundred, or to the Headborough, i^e. of 
the Town, i^c. in, or near which fuch Fa£t fliall 
be committed, and fliall within ten Days after fuch 
Notice, give in their, or their Servants Examina- 
tions upon Oath, before any Juftice of Peace where 
fuch Fa<Et fliall be committed. 

Where any Ofi^ence fliall be com- 
mitted againft this A6t, and any one Se£t. 7. 
of the Offenders fliall be apprehended 
and convitted within twelve Months after the Of- 
fence, no Hundred fliall be liable to make Satif- 
fattion. 

No Perfon fliall be enabled hereby Se£l. 8. 
to fue or bring any Attion againfl any 
Hundred, 'till after the Expiration of One Year, 
nor unlefs the Parties fuftaining fuch Damage fliall 
commence their A£tion within two Years after the 
Offence. 

If any Goods of any Merchant 
born Denizen fliall be taken by Ene- 12 Car. U. 
mies or Pirates upon the Sea, or perifli cap. 4. Se£t.4. 
in any Ship that fliall be taken or 
perifhed, whereof the Duties fliall be paid or agreed 
for, and that duly proved before the Treafury or 
chief Baron of the Exchequer, by the Examination 
of the Merchants, or by two Witneffes, or other 
reafonable Proof ; the fame Merchants may newly 
fliip in the fame Port where the Goods were cuf- 
tomed, fo much other Goods as the Goods lofl iliall 
amount unto in Cuftom, without paying any thing, 
fo as the Proof be recorded and allowed in the Ex- 
chequer, and certifyed to the Collefitors of the Port; 
and every Merchant Denizen, who fliall fliip Goods 
in any Carrack or Galley, fliall pay all Cuftoms and 
Subfidies as any Alien born. 

Provided that it fliall be lawful to all Seift. 5. 
Subjefts to tranfport in Ships, and 
other Veffels of SubjeiSts, all Herrings and other 
Sea-Fifh to be taken by Subje£ts out of any Port, to 
any Place out of hio Majefly's Dominions without 
paying Cuftom. 

It fhall be lawful for any Perfon Sc£t. 10. 
to tranfport by way of Merchandize 
any of thefe Goods following, viz. Iron, Armour, 
Bandeleers, Bridle-Bits, Halbert-Heads, and Sharps, 
Holfters, Muil<.w;t.s, Carbines, Fowling-Pieces, Piftols, 
Pike-Heads, Sword and Rapier-Blades, Saddles, 
Snafiles, Stirrups, C.df-Skins dreffed, or undrclTed, 
F 2 Geldings, 



36 



Of FACTORS, &f<7. 



Geldings, Oxen, Sheep-Skins dreffed without the 
Wool, and all Manufatture made of Leather, pay- 
ing the Rates appointed by this AQ. 
Seft ^' ^^' ^^ lawful for any Perfon to tranf- 

port by way of Merchandize, Gunpowder, 
when the fame doth not exceed the Price 5/. per Bar- 
rel. 



And having now quoted the Laws in Force imme- 
diately concerning Merchants, who cannot always 
a6t witiiout their Subftitutes and Dependants, the 
Tranfition is natural from the former to the latter, 
and I fliall therefore proceed to treat of them in 
Order. 



Of Fa6lors, Supercargoes, and Agents. 



LL thefe Denominations import and fignify the 

k fame Thing, in regard of their Funftion, 
though different in the Method and Place of difcharg- 
ing it, and is always underftood to be 0/r^' who atls 
tor Another, and who buys, fells, and negociates, in 
Conformity with the Orders of his Principal, under 
the various Circumftances pf his Principal's Limita- 
tions and Direftions. 

The former of thefe are generally eftablifhed in 
fome foreign Part, to tranfaft the Bufinefs of pur- 
chafing, lelling, tranfporting, and exchanging, that 
fhall be committed to his Care ; and the latter more 
properly for the receiving and paying of Monies; 
whilft the Supercargo's Employ is confined to the 
Sales of Goods under his Dire£lion on fome Voyage, 
and it may be the Purchafe of others, in Conformity 
■with the Orders his Employer may give him ; they 
ought all to be Matters of the Trade and Bufinefs 
they engage in, as many Advantages, or the reverfe, 
depend on their Conduft and Proceedings. 

A Factor is but a Servant to the Merchant, and re- 
ceives from him, in lieu of Wages, a CommitTion 
or FaSorage, according to the Ufage of the Place, 
where he refides, or the Bufinefs he tranfafts, this 
being various in different Countries, and on the Pur- 
chafes and Sales of difFerent Commodities : He ought 
to keep ftriftly to the Tenour of his Orders, as a 
Deviation from them, even in the moft minute Parti- 
eular, expofes him to make ample Satisfaction, for 
any Lofs that may accrue from his Non-obfervance ot 
them ; and it is very reafonable, it fhould be fo, as 
the Difiance of his Situation renders him unable to 
judge of his Principal's Views and Intentions; there- 
fore he fliouid fubmit blindly to them, tho' always ex- 
erting his beft Endeavours for the Merchant's Intereft, 
as his Gain is certain, whilft his Employer's is pre- 
carious. 

When unlimited Orders are given to FaQors, aud 
they are left to fell or buy on the befl: Conditions they 
can, whatever Detriment occurs to their Conflitu- 
ents, they have their Excufe in their Hands, as it is 
to be prefumed they a£led for the bed, and were 
governed by the Diftates of Prudence. 



A Fa£i:or is barely a Truftee for his ,r 
Principal, therefore, if this latter, hav- ^^j \ Vern 
ing Goods in the other's Hands, owes . 2g_ grid z ' 
him Money by fimple ContraiEl, and Vern. 638. 
then dies indebted by Specialty, more 
than his Affets are worth, the FaClor cannot retain 
the Goods. 

If a Factor receives only a bare Commiflion to fell 
and difpofe, it will not enable him to <y d d 

trult, tor in the due Execution ot his j^^^ . j^ ^ar- 
Authority, he ought on a Sale to re- ^^^ j^j ^^^_ 
ceive quid pro quo; and on the Deli- docks . '^wV^. i. 
very of the one, to receive the other; part 103. 
for otherwife, by that means, as they Teh. 202. 
may trull fix Months, they may trulT; 1 Mod. 100, 
fixteen Years; nor by Virtue of any '°i- 
Claufe in their Orders, that leaves them at Liberty 
to aft as they think beft, or of doing as if the Affair 
was their own, may they truft an unreafonable Time, 
as ten or twenty Years, inftead of one, two, or three 
Months, fuppofing this the accuftomary Time of 
Credit for the like Commodities : And fo it was ad- 
judged, where one had remitted Jewels to his Fadtor 
in Barbary, who difpofed of the fame to Mullepack 
the Emptror, for a Sum certain, to be paid at a 
Time, which being elapfed, the Fadtor not obtaining 
it, was forced to make the fame Good to his Principal. 

Again, one and the fame Fa£tor may, and gene- 
rally does aft for feveral Merchants, who mull run 
the joint Rifk of his Aftions, though they are mere 
Strangers to one another ; as if five Merchants fhall 
remit to one Faftor five diftinft Bales of Goods, and 
the Faftor makes a joint Sale of them to one Man, 
who is to pay one Moiety down, and the other at fix 
Months End ; if the Buyer breaks before the fecond 
Payment, each Man muff bear a proportional Share 
of the Lofs, and be contented to accept of their Di- 
vidend of the Money advanced. 

But if fuch a Faftor draws a Bill of „ ., , 
Exchange upon all thofe five Mer- 
chants, and one of them accepts the fame, the others 
fhall not be obliged to make good the Payment. 
Tamen quere de hoc. 

And 



0/ F A C T O R S, &>€. 



37 



And as the Authority and Truft repofed in FaSors 
is very great, fo ought they to be provident in their 
ASions tor the Benefit of their Principals ; and there- 
fore if Faftors fhall give Time to a Man for Pay- 
ment of Monies contrafted on Sales of their Prin- 
cipals Goods, and after the Time is 

own to fuch Perfons for ready Cafli 
•'' (leaving their Principals unreceived) 

and then fuch Man break and become infolvent, the 
Faftor, in Equity and Honefly, ought to make good 
the Lofles ; for they ought not to difpenfe with the 
Non-payment of their Principals Monies, after they 
become due, and procure Payment of their own to 
another Alan's Lofs, tho' by the Laws of England 
they cannot be compelled. 

If Goods are remitted to a FaSor, 
Leziifon verf. and upon Arrival he fhall make a falfe 
Kirke Tun. 7. Entry at the Ci/JIombou/e, or land them 
jfac. in B. R. without entering, whereby they fhall 
tflws Rep. incur the Seizure or Forfeiture, what- 
^" foever the Principal is endamaged, he 

mud inevitably make good, nor will fuch general 
Claufe help him, as above ; but if a Faftor makes 
his Entry, according to Invoice, or his Letters of 
Advice, and it happens that thefe are erroneous, if 
the Goods are then loft, the Faftor is difcharged. 

And as Fidelity, Diligence, and Honefty, are ex- 
peSed from the Factor, fo the Law requires the like 
from his Employer, judging the Act of the one to 
be the AQ. of the other ; and therefore, if a Merchant 
fhall confign counterfeit Jewels to his Fafilor, v/ho 
fells and difpofes of them for valuable Confiderations, 
as if they were right; if the FacSor receives any Lofs 
or Prejudice thereby, by Imprifonment or other Pu- 
nifhment, the Mafter fliall not only make good the 
Damage to the FaSor, but alfo render Satisfaction to 
the Party damnified : And fo it was adjudged, where 
one Ho'M was poffefTed of three counterfeit Jewels, 
and having Factors in Barbary, and knowing one 
Southern, a Merchant, was refident on the Place, 
configns thofe Jewels to his Fador, who receiving 
them, intreated Southern to fell them for him, telling 
him that they were good Jewels, whereupon Southern, 
not knowing they were counterfeit, fold them to the 
King in whofe Dominions he refided, for eight hun- 
dred Pounds (they being worth really but one hun- 
dred Pounds) and delivered the Money to the Fac- 
tor, who remitted the fime to How : The King, not 
long after finding himfelf cheated, committed Sou- 
thern to Prifon, till he repaid the eight hundred 
Pounds. Whereupon Southern coming to England, 



brought his Aftion againft How, and 



2 Rolls. 5. 



had Judgment to recover his Damage, ^,.^ ^g ' 
for the Principal fhall anfwer for his Bridpman 126, 
Faflior in all Cafes, where he is privy 127. Popham 
to the Aft or Wrong: And fo it is in 143. 
Contracts, if a Faftor (hall buy Goods 
on the Account of his Principal (efpecially if he has 
ufed fo to do) the Contract of the Faftor will oblige 
the Principal to a Performance of the Bargain. 

When Faftors have obtained a Profit for their 
Principal, they muft be cautious how they difpofe of 
it, for if they aft without Commiflion or Order, they 
become refponfible. Goods remitted to Factors 
ought in Honefly to be carefully preferved, as the 
Truft repofed in them is great ; and therefore a Fac- 
tor robbed, in an Account brought againft him by 
his Principal, the fame fhall difcharge him *. And 
fo it is if a FaSor buys Goods for his Principal, whidi 
afterwards happen to be damnified, the Principal 
muft bear the Misfortune ; but if a Fa£tor ftiall dif- 
pofe of the Goods of his Principal, and take Money 
that is falfe, he fliall make good the Lofs ; yet if he 
receives Monies, and afterwards the fiime is by Edict 
or Proclamation leflbned in Value, the A'lerchant, 
and not the Fa6tor, muft there bear the Lofs. 

The Fador muft likewife be careful in regard of 
Letters of Credit, obferving nicely whether they are 
for a Time limited, or to fuch a Value, or not ex- 
ceeding fuch a Sum, or General, as he may other- 
wife bring himfelf into confiderable Lofles. 

If a Merchant remits Goods to his ,-, -.-r. 
r actor, and about a Month after draws iTTmai, not re- 
aBill on him, the Faftor, having EfFcfts ij^^g j^ (yj, 
in his Hands, accepts the Bill, then the Cafes. 
Principal breaks, againft whom a Com- 
mifTion of Bankruptcy is awarded, and the Goods in the 
Fa6tor's Hands are feized ; it has been conceived, the 
FaQor muft anfwer the Bill not\vitiillanding, and 
come in a Creditor for fo much as he was inforced by 
reafon of his Acceptance to pay. 

A Fa£tor, who enters into a Charter-party with a 
Mafter for Freightment, is obliged by the Contra<!^, 
but if he loads aboard generally ; the Goods, the Prin- 
cipals, and the Lading are made liable for the Freight- 
ment, and not the Factor. 

The Fadtor having Money in his Hands appertain- 
ing to his Principal, receives Orders from him, to 
make Infurance on Ship and Goods, as foon as he 
has loaded, which if he has necrlcfted to perform, 
and the Ship mifcarries, he Oiall (by the Cuflom oi" 



Soulkotei Cafe. dk. Lib. 4. Fol. 84. 



Merchants) 



0/ S H I P S, 



38 

Merchants) be obliged to make good the Damage, 

and in cafe of Lofs, he ought not to make a Compo- 

fition without Orders from his Principal. 

_ , , One Toint-Fadlor may account with- 

Lroorf and als ^ ■ r^ ■ l .u i r 

, r. L out his Companion by the Law ot 

cent. Daiube- ,, , ^r_-' , 

2 leon 7 c Merchants, tor radtors are oftentimes 

_5 difperfed, fo as they cannot be both 

In Capfi and prefent at their Accounts. 
Tucker's Cafe. A Merchant delivered Goods to be 

2 Ro/Is's. fold in Spain, and the Faftor fells 

Repts. 497. them to one, who becomes a Bank- 
rupt, we judge here that he (hall be difcharged. 

In Account it was held per Curiam, 
I Vent. 113. that if a Man delivers Money to his 
Bailiff or Faflor to lay out for him in 
Commodities, he cannot bring an Ajfumpftt, but 
only an Account; for it may fo happen, that the 
Fadtor hath laid out more Money than he hath re- 
ceived. 

A Faflor fhould alw.ays be punctual in the Advices 
of his tranfadions, in Sales, Purchafes, Affreightments, 
and more efpecially in Draughts by Exchange ; for if 
he fells Goods on Truft without giving Advice there- 
of, and the Buyer breaks, he is liable to Trouble for 
hisNegleft; and if he draws without advifing his 
having fo done, he may juflly expedl to have his Bill 
returned protefted, to his no fmall Detriment and 
Difcredit. 

If a Fatf^or deviates from the Orders he receives in 
the Execution of a Commiffion for purchafing Goods, 
either in Price, Quality or Kind, or if after they are 
bought, he fends them to a different Place from that 
he was direflcd to, they muft remain for his own 
Account, except the Merchant, on Advice of his Pro- 
• ceedings, admits them according to his firfl Inten- 
tion. 

A F.idor that fells a Commodity 
Lex Merc. p. under the Price he is ordered, fhall 
"3- be obliged to make good the Diffe- 

rence, and if he purchafes Goods for another at a 
Price limited, and afterwards they rife, and he frau- 
dulently takes them for his own Account, and fends 
Jhera to another Part, in order to fecure an Advan- 
tage th.-'.t feemingly offers, he will (on Proof there- 






Ditto. 



of) be obliged bv the Cuflom of Merchants to fatisfy 
his Principal for Damages. 

If a Factor, in Conformity with a rjfto 
Merchant's Orders, buys with his Mo- 
ney, or on his Credit, a Commodity he fhall be di- 
reiled to purchafe, and without giving Advice of the 
Tranfaffion fells it again to Profit, and appropriates 
tohimfelf the Advantage, the Merchant fliall recover 
it from him, and befides have him amerced for his 
Fraud. 

If a Merchant orders his FaSor to 
fhip him a Sum, in the current Coin 
of a Kingdom, when Exportation is prohibited, and 
the Money is feized in endeavouring to get it aboard, 
the Lofs is for the Merchant's Account, and not the 
Fa£tor's. 

If a Fa£i:or pays Money of a Merchant's without 
his Orders, it is at his own Peril ; and if he lends his 
Cafh, without his leave, (tho' he propofes the Interefl 
fhall be the Merchant's) and anv Lofs happens before 
his Principal's Determination about it be known, it 
fhall remain to the Factor. 

•And as a Faftor who has nothing in View but his 
own Interefl:, and who pays no Regard to the Calls 
of Honour and Honefiy, ought to be treated as fuch 
a Wretch deferves ; one with a contrary Charaffer, 
who follows the Dlttates of Confcience, and makes 
right Reafon, and Integrity, the Rules of his A£tions, 
fhould meet (as he generally does) a Treatment ad- 
equate to his Merits, and be regarded by his Em- 
ployers, with that Efteem, which his faithful, diligent, 
and careful Difcharge of their Commiflions, juflly 
challenge from them. And as what has been faid of 
the Factor, may ferve equally the fame for the Super- 
cargo, I fhall only add under this Head, that of both 
Denominations there aie confiderable DiflinQions, I 
mean in the beneficial Part of them, as I'ome only 
tranfad the Bufinefs of private Merchants, whilfl o- 
thers are employed in a more lucrative Service of pub- 
lick Companies, fuch as the Eaji-India, South-Sea, 
&c. tho' the Obligations of all are alike, only the 
latter are better paid for their Trouble, and reap 
greater Advantages from their Employs, than the 
former can do. 



Of Ships, Owners, Captains and Sailors. 



TH E great Advantages that arife from Trade to 
a Nation, has been fully proved b)' the intro- 
duiSory Difcou.fe, and as I have therein given a" 
Deduflion of it from the eaiTieft Times, the feparate 
HiPiOry of Navigation would be here fuperfluous, as 



this and Commerce are fo blended, or more properly 
only diftintl Parts of the fame Thing, that having 
fpoke fo largely to the one, I have little room, and 
lefs need, to expatiate much on the other in an hif- 
toricalway; however, if any Gentleman inclines to 

a fepa- 



0/ S H I P S, afc. 



a feprirate Account of them, he will find his Tafte 
fully gratified, and Expeftations anfwered, on read- 
ing the Hiflory of Navigation, (fuppofed to be wrote 
by the celebrated Mr. Locke) prefixed to ChurcbiWs 
Collection of Voyages and Travels ; but to omit it as 
inconfiftent with my intended Concifenefs, I fhall 
proceed to particularize the integral Parts of mari- 
time Affairs ; and as a Ship is a principal one in them, 
and indeed without which no foreign Trade could be 
carried on, I fliall begin with this wonderful Piece 
of Art. 

_ n The Name ^A'aw/j is derived from 

Franc. Koccus , „„ ^ i-^v • ,n/-i 

de Nav. Nau. ^^^ E"^"' ^"''" '^ ( !" navigando) fail- 
le AlTtc Not. '"Si ^^^ ^^^ Ufe of it is certainly both 
i_ neceffary and profitable to every Com- 

monwealth capable of employing it. 

Who was the firfl Architeft of thefe floating Fa- 
bricks, has been hitherto contefted, and therefore in 
all Probability will now never be known ; however, 
(rejefiing the fabulous Stories of Drtdalus, yanus, 
•&-C.) it is natural to fuppofe Noah's Ark infpired the 
Idea, and that it ferved as a Pattern to be improved 
liy the firfl Navigators, tho' as there was no Occafion 
for fuch, 'till about three Centuries after the Confu- 
fion at the Tovjer of Babel had difperfed its Builders, 
fo we may rcafonably conjedlure that Occurrence to 
have been the Epocha from which Navigation took its 
Beginning ; as Providence chaftifed their audacious 
Attempt to fcale Heaven, by difperfing the Offenders 
over the Face of all the Earth, and confequently in 
their Peregrinations they muft have found it necefl'ary 
to invent fome Sort of Veffels for their Conveyance 
crofs ihofe great Rivers, which undoubtedly fome- 
times impeded their Progrefs, by laying in the Way 
of their Journey : How they managed in their mari- 
time Affairs when they reached the Sea, Hiftory 
leaves U3 in the Dark, but Neceffity, would certainly 
infpire them with fome Means, of (at leafl) fupply- 
ing themfelves with its Produ6ts, and it is natural to 
believe, they went improving on tl-.e firfl: Invention, 
as they had Occafion to difcover its Defe£ts, 'till by 
fucccflive ones, and Nations, it W'as brought to the 
Perfection, in which we novif fee and admire it. 

The Phecnicians, who are the fame the Scripture 
calls Philijlines or Canaanites, as is largely proved by 
Bochart, and others, are generally allowed to have 
been the firft and ablefl: Mariners we read of; yet 
the C'jmm rce of thofe early Ages, did not require 
Veffels of fuch Strength and CompacRnefs as latter 
Times have, to rtfift the Storms and Tempefts they 
are now expofedto, by launching out into the main 
Ocean, and engaging in long and hazardous Voy- 
ages, unknown, and, confetjucntly, unattempted by 



39 

Infant-Navigation. For though thefe People were 
bold, and daring enough to engage in feveral Ion;; 
Voyages, as to Ophir, &c. in which they muff crofs 
many fpacious Gulphs and Bays, to avoid expending 
a vaft Space of Tiine in coailing round them, yet it 
is hardly credible, they ever ventured to crofs that 
immenfe Body of Waters, that lie between Europe 
and America, as fome fuppofe, and the Refleftion on 
their doing what they did, without the Affiffance of 
theCompafs (then undifcovered) I muft confefs is to 
me a matter of no fmall Surprize; for though a 
learned Author fuppofes them to have conduced 
their Navigation by the Sun's Courfe in the Day, 
and by that of the Stars in their nod^urnal Sailing, 
(and only ventured to Sea during Summer) yet when 
one confiders, that thefe Guides muft be frequently 
loft to them, by cloudy Vi''eather, even in that Sea- 
fon, not only for a little while, but often for Days 
together, and confequently their Knowledge of them, 
(let it have been as great, as the faid Author con- 
je6tures) by this intervening Occurrence, rendered 
unferviceable, we muft allow them to have been 
daring Adventurers, in combating the Frowns and 
Ruffles of a lowering Sky, which muft frequently 
have been too boifterous for their little Skill, and 
flight built Veffels, to refift or evade, and to ritk tha 
imminent Dangers they expofed themfelves to, on 
that fickle Element, by their engaging in thofe Voy- 
ages, which might then be juftly counted long and 
dangerous. 

The Greeks, who were their Scholars in this Sci- 
ence, greatly improved it, and gave their Mafters 
feveral fignal Overthrows, in their naval Encounters, 
a3 at the famous Battle of Salamis, &c. and though 
the Romans fucceeded the Greeks in their Profeflion of 
this Art, and undoubtedly their Praflice muft lead 
them to the Difcovery of its Defeds, and, confe- 
quently, to that of its Improvement, yet they 
and feveral fucceeding Ages ftill laboured in the 
Dark, till Providence, about the Year 1300, dif- 
covered the Loadftone's Virtue, and by this Means 
diffipated the Mifts of Guefs-work, and rendered 
Navigation more clear and certain ; it is to this hap- 
py Difcovery we owe that of new Worlds, and the 
great Improvement of maritime Affairs, fince brought 
to fuch PerfecTrion. 

The Fabrick of Ships has been various, as Occa- 
fions have required, and Invention could dicPtate to 
make them anfwer the Intent, which Vaiiety con- 
tinues to this very Day, not only between Nations, 
but even in the fame Country; fome being built for 
War, fome for failing, and others with the lucrative 
View of flowing well, and each has a Name pro- 
perly 



AO- 



Of 



SHIP S, 



c. 



perly adapted, as Gallies, Frigates, &c. and the In- 
creafe of thefe, and Improvement of Navigation, has 
always fo much merited the Attention of the Legi- 
flators from the earlieft Times, as to have occafioned 
many excellent Laws being made for thefe Piirpofcs, 
tho'' none fo favourable aiid compteat among us, as 
the A£t of Trade and Navigation in 12 C. II. c. 1 8. 
and its be'mg of fo much Importance to every Trader ; 
and as few of my Readers may have at hand, I have 
judged it may be of Service to them here to infert an 
Ablirai? of it, that they may not remain longer ig- 
norant of what fo much concerns them, as it ftill re- 
nrains in full Force and Vigour, having only had a 
finall Part repealed by 17 Geo. II. during the late 
War, which being now over, the whole Aft remains 
as it did before the faid partial Repeal, which I leave 
uninferted as it is expired. 

A 5» f N " ^*^ '^ enafted, that after the i ft of 

aaiion December, 1660, no Goods or Com- 

' modities whatfoever fhall be imported 

into, or exported out of, uny of the E/igliJ7j Colonies 
(ior that fhould afterwards become fo) in j^a, Africa, 
or America, but on Veffels which do truly belong to 
the People of England, IreLmd, JValcs, or Bertvick 
upon T-Juecd, and navigated with a Mafter, and three 
Fourths of Englijh Sailors, under the Penalty of for- 
feiting Ship and Cargo. 

2. No Perfon born out of the Allegiance of his 
Majefty, who is not naturalized or made a free De- 
nizen, fliall, after the ift of February, 1661, aft as 
a Merchant or FaQor, in any of the faid Places, up- 
on Pain of lofmg all his Goods and Chatties, and of 
t3iefe Claufes the Governor? are obliged by Oath, to 
take Cognizance and Care. 

3. No Goods or Commodities whatever, of the 
Growth or Manufacture of Africa, Afia, and America, 
fhall be imported into England, Ireland, Wales, Ulands 
oi Guernfcy and Jerfey, or Town of Berwick upon 
"Tiveed, in any other Ships but thofe belonging to the 
laid Places, or to the Plantations, and navigated in 
tiie Manner aforementioned, under Penalty of for- 
feiting Ship and Cargo. 

5. No Goods or Commodities of a foreign Growth 
or Manufafture fhall be brought into England, Ireland, 
JVales, the Iflands of Guernfy and Jerfey, or Tov/n 
qi Ber-^vick upon '-T"Meed; in Ships appertaining to his 
Majefty's Subjefls, but from the Places of their Ma- 
nufadures and Grov/ths. 

5. That all Sorts of Ling, Stockfifli, Pilchards,' 
Cod, and Herring, or any other kind of dried or 
failed Filh, ufually caught by the People of f/z^/aW, 
IreLmd, Wales, or Town of Beriuick upon Tzveed, or 
anv Fifli-Oil, or Blubber, Whale-Fins, or Whale- 



Bones, not imported by Ships belonging to the fiiict 
Places, fhall pay double Aliens Duties. 

6. Henceforth it fhall not be lawful for any Veflel 
in which any Stranger (not denizened or naturalized) 
is an Owner, or that is not navigated by an Englifh 
Mailer, and three-fourths Engliflj Sailors, to load or 
carry any Sorts of Goods or Commodities from any 
Port or Creek of England, Ireland, JVales, Iflands of 
Guernfey or ferfey, or Town of Berwick upon Tweed, 
to another Port or Creek, of any of them, under 
Penalty of forfeiting Ship and Cargo. 

7. That where any Eafe, Abatement, or Privilege 
is given in the Book of Rates, to Goods or Commo- 
dities, imported or exported, in Englijij-hmh Ship- 
ping, it fhall extend only to fuch as are navigated, 
with a Mafter and three-fourths of the Sailors Englip, 
and where it is required that they fliall be fo, the 
true Intent and Meaning is, that they be fuch during 
the whole Voyage, unlefs in cafe of Sicknefs, Death, 
or being taken Prifoners, to be proved by the Oath 
of the Mafter or other chief Officer. 

8. No Goods or Commodities of the Growth or 
Manufacture of Tl'/y.'/fO'ij, or any of the Dominions of 
the Emperor thereof, or any Sort of Mafts, Timber, 
or Board?, foreign Salt, Pitch, Tar, Rofin, Hemp, 
or Flax, Raifins, Figs, Prunes, Olive Oils, nor Sort 
of Corn or Grain, Sugar, Pot Afhes, Wines, Vine- 
gar, or Spirits called Aqua Vita, or Brandy, fhall, 
after the ift of April, 1661, be imported into Eng- 
land, Ireland, Wales, or Town o{ Berwick upon Tzveed, 
in any Ships, but fuch as belong to the People there- 
of, and navigated as before-mentioned ; and that no 
Currants, nor any other Commodities, of the Growth 
or Manufaflure of any Part of the Turkifj Empire, 
fhall, after the ift oi September 166 1, be imported into 
any of the abovefaid Places, in any but an Englifh-\mi\t 
Ship, and navigated as aforefaid, except only in fuch 
foreign Ships as are the Built of that Country or 
Place, of which the Goods are the Growth or Manu- 
faflure, or of fuch Port, where the faid Goods can 
only be, or moft ufually are, firft fhipped for Tranf- 
portation, and whereof the Mafter and three-fourths 
of the Mariners, at leaft, are of the faid Country or 
Place, under Penalty of lofing Ship and Goods. 

9. And to prevent the great Frauds daily ufed in co- 
louring, and concealing Aliens Goods, all Wines of 
the Growth of France or Germany, which after the 20th 
of OcJober, 1660, fhall be imported into any of the 
Ports or Places aforefaid, in any other Ships than 
thofe belonging to them, and navigated with the 
Mariners thereof, fhall be deemed Aliens Goods, 
and pay Cuftoms accordingly : And all Sorts of Mafts, 
Timber, or Boards, as alfo all foreign Salts, Pitch, 

Tar, 



Of SHIP S, 



4^ 



Tar, Rofin, Hemp, Flax, Raifins, Figs, Prunes, 
Olive Oils, all Sorts of Corn or Grain, Sugar, Pot 
Aflies, Spirits, commonly called Brandy, or Aqua 
Vit<€, Wines of the Growih of Spain, the Canaries, 
Portugal, Madeira, or Weftern Iflands; and all the 
Goods of the Growth or Manufadure of Mufcovy or 
RuJJia, which after the i ft of April 1661, ftiall be 
imported into any of the aforefaid Places, in any o- 
ther than fuch Shipping, and fo navigated, and all 
Currants and Turkey Commodities, which, after the 
ift of September, 1661, fhall be imported into any of 
the aforefaid Places, in any other than Englijh-huih 
Shipping, and navigated as aforefaid, fhall be deem- 
ed Aliens Goods, and pay accordingly. 

TO. And for Prevention of all Frauds in buying of 
foreign Ships, it is enafled. That from the I ft of 
April, 1661, no foreign built Ship whatfoever, fhall 
be deemed an Englifi Ship, or enjoy the Privilege of 
one, until fuch Time, that he or they, claiming the 
faid Ship, fhall make appear by the chief Officer of 
the Cuftoms, in the Port next to the Place of his or 
their Abode, that he or they are not Aliens, and fhall 
have taken an Oath (which the Officer is hereby au- 
thorifed to adminifter) that fuch Ship was by him or 
them bought for a valuable Confideration, expreffing 
the Sum, as alfo the Time, Place, and Perfons from 
whom it was bought, and who are his Part Owners, 
if he have any ; all which Part Owners fhall be lia- 
ble to take the faid Oath before the chief Officer of 
the Cuftomboufe, of the Port next to the Place of 
their Abode, and that no Foreigner, direftly or indi- 
rectly, hath any Share or Intereft therein; and upon 
fuch Oath, he or they fhall receive a Certificate un- 
der the Hand and Seal of the faid chief Officer, that 
the faid Ship may futurely be deemed as a Ship be- 
longing to that Port, and enjoy the Privilege of fuch 
a Ship, and the Officers fhall keep a Regifter of all 
fuch Certificates as they fhall give, and return a Du- 
plicate thereof to the chief Officers of the Cuftoms 
at London, for fuch as fhall be granted in England, 
Wales, and Berwick, and to the chief Officers of the 
Cuftoms at Dublin, for fuch as fhall be given in Ire- 
land, together with the Names of the Perfons from 
whom fuch Ship was bought, and the Sum of Money 
which was paid for her, as alfo the Names of all fuch 
who are Part Owners of her, if any fuch be. 

II. It is likewifc ena£led, that if any Officer of the 
Cuftoms fhall, after the faid ift of April, allow the 
Privilege of an Englijlj-huilt Ship to any foreign built 
one, until fuch Certificate be produced, or Oath 
taken, and until Examination be made whether the 
Mafter and three Fourths of the Sailors be Englijh, 
or fhall allow the Prlviteges given by this A£l to any 



foreign built Ship, bringing in the Commodities of 
the Growth of the Country where it was built, until 
Examination a'ld Proof, whether it be a Ship of the 
Built of that Country, and that the Mafter and three 
Fourths of the Mariners are of that Country ; or if 
any Governor of any of the Plantations fhall fuffer 
any foreign built Ship, to load or unload any Com- 
modities or Goods within the Precinds of their Go- 
vernments, until fuch Certificate fnall be produced 
to them, or thofe appointed by them, and Examina- 
tion is made whether the Mafter and three Fourths 
of the Mariners be Englijlj ; fuch Officer of the Cuf- 
toms, or fuch Governors, ftiall be difplaced for the 
firft Offence. 

1 2. It is however provided, that this A£f, nor any 
thing herein contained, extend not, or be meant to 
reftrain and prohibit the Importation of any of the 
Commodities of the Streigbts or Levant Seas, loaden 
in Englifi-h\i\h Shipping, and whereof the Mafter 
and three Fourths of the Mariners be Englijlj, from 
the ufual Ports or Places, for lading of them hereto- 
fore, within the faid Streigbts or Levant Seas, tho' 
the faid Commodities be not of the very Growth of 
the laid Places. 

13. Provided alfo, that this Aft, or any thing 
therein contained, extend not to reftrain the import- 
ing of any Eaji-India Commodities, loaden in Englifh- 
built Shipping, and whereof the Mafter and three 
Fourths of the Mariners are Englijli, from the ufual 
Places for lading of them in any Part of thofe Seas to 
the Southward and Eaftward of Cabo bona Speranza, 
altho' the faid Ports be not the very Places of their 
Growth. 

14. And it is likewife provided, that it ftiall be 
lawful for any of the People of England, Ireland, 
Wales, Iftands of Guernfcy or Jerfey, or Berwick upon 
Tweed, in their Ships, navigated with a Mafter and 
three Fourths Englip Sailors, to bring in from any 
of the Ports of Spain, Portugal, the Azores, Madei- 
ra, or Canary \\\a.nds, all Sorts of Goods or Commo- 
dities, of the Growth or Manufaflure of either of 
them. 

15. Provided always, that this Aft extend not to 
Bullion, nor yet to any Goods taken by way of Re- 
prifal by any Englijh Ship, navigated as before-men- 
tioned, and with his Majefty's CommiiTion. 

16. Nothing in this Aft ftiall extend to lay Aliens 
Duties upon arjy Corn ot the Growth of Scotland, or 
any Salt made there, or any Fifh caught and cured 
by the People of that Kingdom, and imported di-' 
reftly from thence, in Scotcb-h\ii\t Veffels, and failed 
with a Mafter and three Fourths of the JVIariners of 
his Majefty's Subjefts; nor to any Seal Oil o\ Ruffla, 

G imported 



42 



0/ S H I P 



o 



c. 



imported from tlience into England, Ireland, Wales, 
or Berv.nck up-jn T-vjeed, in Shipping thereunto be- 
longing, and navigated as aforefaid. 

1 7. And it is hereby enafted, that every Veffel be- 
longing to aiiy Subjefl: of the French King, which 
after the %oi\\ oiOSlober, 1660, (hall come into any 
Port, Creek, i^c. of England, Ireknd, IVales, or Ber- 
ivick upon Tiveed, and 'fhali there lade or unlade any 
Goods or Commodities, or take in, or fet on Shore 
any PafTengers, fliall pay to the Colle6tor of his Ma- 
jefty's Cuftoins in fuch Port, i^c. for every Ton of 
the Ship's Burthen, to be computed by the Officer 
thereunto appointed, the Sum of five Shillings, of 
current Money of England; and that no fuch Ship be 
fufFered to depart out of fuch Port, ye. until the faid 
,Duty be fully paid ; and that this Duty fliall continue 
to be collefled for fuch Time, as a certain Duty, 
fifty Sols per Ton, lately impofed by the French King, 
or any Part thereof, fhall continue to be colleSed 
upon the Shipping of England, lading in France, and 
three Months after, and no longer. 

18. And it is farther cna£l:ed, that after the ifl of 
April, 1 661, no Sugars, Tobacco, Cotton Wool, 
Indigo, Ginger, Fuftick, or other dying Wood, of 
the GroWch'or ManufaQure of any Englip Planta- 
tions in America, Afia, or Africa, (liall be carried 
from any of the faid Englifi Plantations, to any Place 
whatfoever, other than to fuch other Englifli Planta- 
tions as do belong to his Majefty, or to the Kingdom 
of England, Ireland, Wales, or Berivick upon Tweed, 
there to be laid on Shore, under the Penalty of for- 
feiting Ship and Goods. 

19. And for every Ship, which after the 25th of 
December, 1660, fhall fet out from England, Ireland, 
Wales, or Ber-.i-ick upon Tiveed, for any Englifh Plan- 
tation in America, Afta, or Africa, fufficient Bond 
fhall be given with one Surety, to the chief Officers 
of the Cuftomhoufe of fuch Port from whence the 
faid Ship fhall fail, to the Value of one thoufand 
Pounds, if the faid Ship be of lefs Burthen than one 
hundied Tons, and of two thoufand Pounds, if the Ship 
fhall be of greater Burthen ; that in cafe the faid Ship 
fhall load any of the faid Commodities, at any of the 
faid EngUfij Plantations, that the fame Commodities 
fhall be brought by the faid Ship to fome Port of Eng- 
land, Ireland, Wales, or to the Port of Berivick upon 
Tiveed, and fhall there put on fhore the fame, the 
Danger of the Seas only excepted : And for all Ships 
coming from any other Port or Place, to any of the 
aforefaid Plantations, who by this A£t are permitted 
to trade there, that the Governor of fuch Englifj Plan- 
tations, fhall, before the faid Ship be permitted to load 
any of the faid Commodities, take Bond, in the Man- 



ner, and tQ the Value aforefaid, for each refpeQive 
Ship, that fuch Ship fhall carry all the aforefaid Goods 
that fhall be laden on board, to fome other of his Ma- 
efty's Englifl] Plantations, or to England, Ireland, 
Wales, or Berwick upon Tiveed: And that every Ship 
which fhall load any of the aforefaid Goods, until fuch 
Bond be given to the Governor, or Certificate pro- 
duced from the Officers of any Cuflomhoufe in Eng- 
land^ fjfc. that iuch Bonds have been there duly given, 
fhall be forfeited ; and the faid Governors fhall twice 
in every Year, after the ifl: of January, 1660, return 
true Copies of all fuch Bonds, to the chief Officer of 
the Culloms in London. 

In treating of Maritime Affairs, the Owners of 
Ships are the firft which naturally challenge our Re- 
gard, and they become fuch either by building or 
purchafing their Veflels, and this ei- 
ther in Partnerfliip or alone ; and if ^ "^ ^ J'^'^' 
the former, and the Property is dif- Pao-e->2c S 
tributed among feveral, the major Part ° 
of them may let the Ship out to Freight, againft the 
Confent, tho' not without the Privity of the Minor. 

Two Owners fent out a Ship with- Ditto Pao-e 
out the Confent of a third, and fhe 221. 
was loft, the third muft bear his Pro- 
portion of the Lofs, becaufe he would i Vern. 297. 
have had his Share of the Profit, if any. 

A Voyage fettled by the major Part i Vern. 465. 
of the Owners binds the reft. 

In cafe a Ship be taken away from the Owners, or 
they be otherwife difpofl'efred, it is provided, both by 
the Common and Maritime Laws of this Realm, 
that they maintain an Atlion of Trover and Conver- 
fion for an Eighth, Sixteenth, or any other Part or 
Share of the fame ; and in an Aflion on the Cafe, 
the Plaintiff^ declared, that he was Owner of the fix- 
teenth Part of a Ship, and the Defendant Owner of 
another fixteenth Part of the fame Ship, and that 
the Defendant fraudulently and deceitfully carried 
the faid Ship, ad Loca tranfmarina (into a foreign Part) 
and difpoied of her to his own Ufe, by which the 
Plaintiff' loff his fixteenth Part to his Damage : On 
not guilty pleaded, and Verdift for the Plaintiff, it 
was moved in Arrell: of Judgment, that the Aftion 
did not lie for, tho' it be found deceptive. Yet this 
did not help it, if the A6fion did not lie on the Sub- 
ie6l Matter, and here they are Te- j. ^ , 
nants in common ot the Ship, and jj^^j, ^^ 
by Littleton, between Tenants in com- Graves a 
mon there is not any Remedy, and Saiucer, Ray. 
there cannot be any Fraud between 15, i Leuinz. 
them, becaufe the Law fuppofes a 29. i Keeble 
Trull .-ind Confidence betwijit theiu, 3^» 3- 

and 



0/ S H I P 



c. 



43 



adver. 
Bennington. 



Molloy de Jur. 
Mar. Page 
222. S. 3. 



and upon thcfe Reafons, Judgment was given quod 
i^ierens nil capiat per Billam. 

Owners are not bound to continue 
Bennington ^j^gj^ Padion or Partnerfhip longer 

than they pleafe, for tho' by the Law 
Marine, it was required, that a new 
built Shipfhould make one Voyage upon the common 
Rifk, before the Owners fhould be al- 
lowed to feparate, yet by the Laws 
of England any Owner may fell or 
tranfmit his Right at what Time he 
pleafes. 

But if any one obfnnately refufes his Confent to a 
Voyage, the Law will force him either to hold or fell 
his Share ; but if he will fet no Price, the rell: may 
fit the Ship out at their own Coft and Charges, and 
whatfoever Freight fhe earns fhall be folely theirs, 
and no Part thereof be given to the difl'enting Owner ; 
but if the Ship fhould milcarry, or be cafl away, the 
reft mud make him SatisfaSion for the Part he held. 

Tho' on the contrary, if the greatefi: Part of the 
Owners refufe to fit out the Velfel, they fhall not 
be compelled on account of their Majority, but in 
this Cafe the Ship fhall be valued and fold, and the 
like, where Part of the Owners become deficient, 
and unable to fit her out. 

Owners of Ships are liable for the A<£fions of the 
Maftcrs they employ, therefore it behoves them care- 
fully to confult, as well the Honefty as Ability of him 
they Intend to commit the Care of their Interefts to, 
as the Charge both of the Veffel, and its lading refls 
on him; and the Owners are obliged both by the com- 
mon Laws of England, and the Law-Marine, to make 
SatisfaQion for all Damages, that fliall accrue thro' the 
Matter's Negleft, and were formerly obliged to make 
good the Contents of a Bill of Loading, figncd by 
the Mafter, provided he abfconded, tho' the faid Bill 
of Loading might be iniquitoufly obtained ; as I re- 
member to have occurred witli a Merchant, who had 
a Ship of his own from Lijbon, and was arrefled, (I 
think) in fifteen Aftions for Money his Mafter had 
figned Bills of loading for, and had run away with, 
and which he might have continued coining, and 
formed new Bills every Day to the utter Ruin of his 
Owner, tho' never fo wealthy, had not the A&, 
7 Geo. II. Cap. 15. Se6f. i. prevented fuch fraudu- 
lent Proceedings, by limiting the Owner's Lofs to 
Ship and Freight, fo he now knows the Extent of 
what Damage a roguilh Mafter can do him, which 
before was unafcertained and endlefs. 

The' it the Mafter commits Oftences, either neg- 
ligently, or wilfully, he fliall be refponfibic to hisOw- 



Staniey, v. 
Ayler 3. Kee- 
ble 444. 



ners for the Reparation of Damages ; 
and they are not bound to fue jointly, 
but may do it feparately, both accord- 
ing to the common and marine Law ; 
as alfo in cafe the Ship hath by Freight got fome- 
thing clear to divide, and the Mafter hath paid fome 
of the Owners their Parts, the reft may bring their 
A6tion for their Shares, without joining with the 
others. 

The Defendant and (even other Perfons were Pro- 
prietors of a Ship, which ufually carried Goods on 
Freight between Topjham and London, and the Plain- 
tiff loaded Goods upon her at the latter, to be car- 
ried to the former Port ; but the Defendant, not care- 
ful of his Duty, had fo carelefsly ftowed the faid 
Goods, that tho' the Ship arrived fafe at Topjlmm, 
yet the Goods were all fpoiled. And upon Non Culp. 
pleaded, the Jury found a fpecial Verdict, viz. that 
the Defendant, and feven other Perfons, were Pro- 
prietors and Part-Owners of the Ship ; that the Ship 
had a Mafter Locat in her by the Part Owners, who 
had fixty Pounds Wages for every Voyage between 
Topjljam and London, that the Goods were delivered 
to the Mafter, none of the Part-Owners being pre- 
fent, and that there was not any Contraf): made with 
them, or any of them by the Plaintiff, that the Ship 
arrived fafe to TopJIjam, but the Goods were fpoiled. 
Et p pro ^ler'', pro ^/f r' fi non pro Def. 
And two Points were made, 

I ft. If the Proprietors are chargeable, no ContraQ: 
being made with them, and there being a Mafter that 
is chargeable in refpeft of his Wages, according to 
the Cafe oi Morfe and Slue, y^t per Holt, C. L clearly, 
that tho' the Mafter be chargeable, in refpe<5f of his 
Wages, fo are the Proprietors in refped of their 
Freight, that they receive for the Carriage of the 
Goods, at the Ele6fion of the Plaintiff. 

2dly, If the A£fion lay againft the Defendant a- 
lone, it appearing that there are other Part-Owners, 
not made Defendants ; and held that the Adion did 
not lie againft him fole, but ought to have been a- 
gainft all the Part-Owners ; for all the Part-Owners 
are chargeable, in refpedl of the Profit they make by 
the Carriage of the Goods, and that in point of Con- 
traiSf upon their Undertaking, be it implied or ex- 
prefs, and are not chargeable as Trefpafters ; for then 
one might be chargeable alone, but in point of Con- 
tra£l, upon their Receipt of the Goods to be carried 
for hire. Judgment pro Def. as by 3 Mod. 321. Eo- 
fon con. Sand. 3. Levinz. 258. where it is with a Cur. 
Adverfare, mes le Reporter ut aiidivit Judgtn. pr» 
Defen. 

G 2 If 



44 



0/ S H I P S, ^c. 



,. „ , T If a Ship be broken un, or taken 

JMolky de Tur. * ■ , r ' 

Mar P 224. '" pieces with an Intent to convert 
g 5' the fame to other Ufes, and after- 

wards on change of Mind, fhe be re- 
built with the fame Materials, flie is now another, 
and not the fame Ship, efpecially if the Keel be ript 
up, or changed, and the whole Ship be all once taken 
afunder and rebuilt, there determines the Partner- 
fhip, qtioad the Ship ; but if a Ship be ripped up in 
Parts, and taken afunder in Parts, and repaired in 
Parts, yet fhe remains flill the fame VefTel, and not 
another ; nay, tho' flie hath been fo often repaired, 
that there remains not one Stick of the original Fa- 
brick. 

Ditto, Page „/V ^^^" -"Tf" .''i' ^'^'P'. ''''"' 
ditto S 7 rlank, or other Materials, not his own, 

but appertaining to another, yet the 
Property is not hereby altered, but the Ship main- 
tains and keeps her firft Owners. Tho' if a Man 
tike Plank and Materials, prepared for the Ufe of 
Shipping, and belonging to another, the Property of 
the Veffel follows the Owner of the Materials, and 
not the Builder ; but if a Man cut down the Trees of 
another, or takes Timber or Planks, prepared for 
the eredling or repairing of a Dwelling-Houfe, (nay 
tho' fome of them were for Shipping) and builds a 
Ship, the Property follows not the Owners but the 
Builders. 

Ditto, ditto, ^}"^ ^°'^} ^^'^^ . ^^^[^ "'■"^"y 

Sedl 8 made ule or formerly in the Sale or 

Ships, viz. her Tackle, Furniture, Ap- 
parel, and all other her Inflruments thereunto be- 

Rolls Abridg. '?"g'"g' ^^'t "°i ^""''^^ /^^^ -^'''PJ' 
-Q Boat, which, if unexprelled in the 

Sale, remained ffill in the Owners, 

as fhe does, if a Ship is forfeited for committing 

Piracy. 

Tho' Ballad is generally ufed in 



Linter's Cafe, 



Shipping, where a Veffel goes out 



Leon 4.6 4.7 '-^'"tT'"&» "..,.. ^ « , V...... g^vo v,uL 

■ ^ ' ^'' empty, or filled with light Goods, yet 
it is not efleemed any Part of her Furniture ; and 
fo it was adjudged in Debt on Bond ; of which the 
Condition was, that whereas the Plaintiff had bought 
of the Defendant a Ship, if the Plaintiff fhall enjoy 
the faid Ship with all the Furniture belonging to the 
fame, without being difturbed for the Ship, or any 
Furniture appertaining to it, that then, &c. and the 
Cafe was, after the Sale of the Ship, a Stranger fued 
the Plantiff for certain Monies, due for Ballad bought 
by the Defendant for the fame Ship, in which Suit 
he obtained Sentence, upon which the Ship was 
feized : The Queftion was whether Ballaft be Furni- 
nire for a Ship or not, and it was refolved in the 

\ 



Negative; for altho' it may fometimes be as neceffary 
as Sails, yet it is not always fo, as Ships frequently 
fail without it, more efpecially when a heavy Load- 
ing anfwers the Purpofe by fupplying its Place. 

If a Ship commits a Piracy, and is 
thereby become forfeited, but before Bingleyi Cafe, 
Seizure flie be hna fide fold, the Pro- Rolls Abridg. 
perty fhall not be queflioned, nor the fol. 530. 
Owners diveiled of the fame. 

And if a Mortgagee of Ships, by • ^^er Will: 
Deed entrufts the Mortgager with 393' 39+- 
the original Bill of Sale ; and the Mort- 
gager indorfes thereon fubfequent Mortgages, or 
Bills of Sale of feveral Parts of the Ship, the firft 
Mortgagee acquiefces, he fhall be poflponed. 

Where a Ship flands in need of Repairs, and the 
Mafter takes up Money for that Purpofe, tho' he 
fpends it another way, the Owner and Ship become 
liable to fatisfy the Lender ; but if the Mafler bor- 
rows Money to repair or viQual the Ship, when there 
is no occafion for it, he only fhall become Dr. and 
not the Owners, tho' they are gene- 
rally bound to anfwer the Fa£l of the 
Mafter ; for as on the one Hand, it 
would be very unreafonable, that the 
Creditor fhould be bound to take 
upon him the Care of repairing the Ship, and fupply 
the Owners Room, which muft be fo, if it fhould be 
neceffary for him to prove, that the Money was laid 
out on the Ship ; fo, on the other 
Hand, it is confiflent with Reafoir, 
that he be fure he lends his Money 
on fuch an Occafion, as the Mafler's 
A6f may thereby oblige the Owners, 
which he cannot do otherwife, than 
that the Money borrowed was 
Ship's Repair; and therefore if 
Ship wanted fome Repairs, and a far 
greater Sum was lent than was need- 
ful, the Owners fhall not be liable for 
the Whole. 

Upon an Information tarn quam, founded upon the 
A£t of Navigation for importing Goods in a foreign 
Veffel contrary to that A£t, the Queflion was, whe- 
ther or not, if a foreign Ship, naturalized by the 
new A(Sl, being a Prize taken in the late War with 
Holland, be afterwards fold to a Foreigner, who fells 
her again to an Englijhman, whether or no the Oath 
mufl be taken again, according to the ASt ; per Cur. 
it need not becaufe the Ship was once lawfully natu- 
ralized. Hardres 511. Martin A. Vcrdne, Molloy de 
Jure Mar. Page 227, 228, Se6t. 15. 

Aa 



Molloy de Jur.. 
Mar. Page 
225, 226,5, 
10. 



Bridgman'i 
Cafe, Hohart, 
fol. II, 22, 
mov. 918. 



by knowing, 
neceffary for the 
the 

Glofs African. 

fuper cod. 

Leg. & S. 



0/ S H I P S, &'c. 



45 



DittO; 
226. 



page 



An Agent for the Eajl-Indii». Com- 
pany (in the Eajl-lndics) bought a Ship 
and Cargo of the Commander, who 
had no Right or Power to fell either, and the Owner 

u/)! "'^ ^ ^*-''' ^^'^^i ^'-^^ ^^^ Value decreed 
' '^^ ' him, for Ship and Cargo (the Value 
"^' being found by a Jury) and Indian In- 

tereft, vi%. 12 per Cent. 

If a Man gets PofTcfTion of a Ship, 
Dmo, page ^vithout a juft Title to the fame, he 
(hall, (by the Law marine) anfwer 
fuch Damage, as the Ship in all Probability might 
have earned ; and the Reafon of that is, becaufe the 
only End of Shipping, is the Employ- 
ment thereof; but if a Warrant be 
direfted out of the Admiralty to the 
Marfhal, to arreft fuch a Ship, and 
Salvo Cujiodire, (preferve her in Safe- 
ty) who by Force of the fame enters into the Ship ; 
and tho' the Warrant does not men- 
tion, that the Officer fhould carry a- 
way her Sails, yet he may juftify the 
taking them, for that he cannot Saho 
unlefs he takes away the Sails. 

In cafe a Ship is freighted out, and 
in Confequence of the Agreement re- 
ceives her Lading aboard, if an Em- 
bargo happens afterwards, and her Cargoe is taken 
as forfeited, yet ^he Owners fhall notwithftanding 
receive the Freight, as the Fault was not in them, 
but in him whofe Property the Goods were. 

In the Main Sea, or in an Arm of 

3 Inft. fol. 58. it, a Ship may not become a Deodand, 

tho' any body be drowned out of it, 

or otherwife come by their Death aboard ; becaufe on 

fuch Waters, Ships are naturally expofed to the 

Dangers of tempeftuous Weather : But a Ship or 

Veffel in frefh Water may become a Deodand, as 

happened with one lying at Rotherhithe , near the 

Shore, to be careened, where a Shipwright being at 

work under at Low- Water, as fhe 

n'^^nB^R leaned afide, /he unexpededly turned 

■ ■ over, and unfortunately killed him. 

Upon a Trial at Bar, the Queflion was, whether ilie 

belonged to the Lord of the Manor, contiguous to the 

Place where the Man was flain, or to the Almoner, 

as a Matter not granted out of the Crown ; and it 

■was refolved, that the Ship was a Deodand, and the 

Jury found a Verdift for the Lord of the Manor. 

If a Ship imports prohibited Goods, 
I Vent. 47. ^g cannot be fei/.ed as forfeit, till 
1 bed. 421. 



Dig. Lib. 6. 
tit. I. 62. & 
Lib. 7. tit. I, 
12. S. I. 



Creamer v. 
Jockley Latch, 
fol. 188. 

Cupodire her, 

Dig. lib. 19. 
tit. 2. 61. 



2 Kecb. 604. 
Home JL Ivye. 
1 2 mil. 111. 
Cap. 1 1. Seft. 
I, 



2 Ed-w. VI. 

Cap. 37. Stcl. 
5- 



20 Car. IF. 
Cap. 7. SeiS. 
5- 



I Mod. 18. 



there is Condemnation in the Exche- 
quer thereon. 



If foreign Brandy or Spirits fhall be 
imported in any Ship, under fifteen 
Tons, (except for the Ufe of the Sea- 
men, not exceeding one Gallon each) 
fuch Brandy, C^fr. lliall be forfeited. 

If any R^afler, Owner, Purfer, or 
Boatfwain of any Ship, willingly per- 
mit any Brafs, Copper, Latten, Bell- 
Metal, Pan-Metal, Gun-.Metal, or 
Shrof-Metal, whether it be clear or mixed, (Tin and 
Lead excepted) to be fliipped contrary to this A&., 
or perceiving fuch Metal to be fhipped, do not dif- 
clofe the fame in three Days after Knowledge had, 
to the Cuftomer or Comptroller of the Port, or tlicir 
Deputies, every fucji Owner, i^c. fliall forfeit dou- 
ble the Value of the Metal. 

Every Veflel, with all her Tackle, 
in which any great Cattle, Sheep or 
Swine, or any Beef, Pork, or Bacon 
(except for the neceffary Provifion of 
the Ships, in which the fame llial! be brought, not 
expofmg it to fale) fliall be imported, and out of 
which they fhall be put on fliore, fliall be forfeited ; 
and it fhall be lawful for any Perfon, within one 
Year after fuch Importation, to feize the Vefi'el, and 
make Sale thereof to the beil Advantage, i^c. and it 
fhall be lawful for any Juflice of Peace of the 
County, or chief Officer of the Port Tovvn, where 
fuch laiportation fhall be, or where any of the Cat- 
tle, Beef, ye. fo imported fliall be brought, by War- 
rant to caufe to be apprehended the Mafler and Se.i- 
men, having Charge of, or belonging to fuch Veffel ; 
and every other Perfon employed in the landing, or 
taking care of the faid Cattle, Beef, i^c. and them to 
commit to the common Goal for three Months. 

It fliall be lawful for any Perfons ^ . 
who fhall refidc in her Majefty's Do- ' "'^j* 

minions to import Cochineal in Ships belonging to 
any State in Amity, Spanifl) Ships, or fuch as are 
deemed Spanijlj Ships, failing with Spanijh Pafles and 
Colours, from Cadiz, Serjil, Port St. Mary, St. Lu- 
car, and Gibraltar, or any other Ports in Spain, du- 
ring the War, i^c the Ad 12 Cur. II. cap. 18. not- 
withftanding. 

Made perpetual J 2 Ann. Stat. I. cap. 18. Scd. 3. 
No Perfon fliall buy any rough 
Hide or Calf-Skin in the Hair, but 
only fuch as fliall tan them, except 
Salt Hides for the Ufe of Ships, fc. 

No Mafler fhall lofe his Ship -for 
any fmall Thing, not cuftomed, put 
in the Ship without his Knov/ledge. 



I Jar^A I. 
Cap. 22. Se£l. 



38 Edrv 
C^p. S. 



III. 



No 



4^ 



Of S II I P S, ^c. 



14. Richll. No Cuftomer or Comptroller (hall 

Cap. iG. have Ships «f their own, nor meddle 

with the Freight of Ships. 
I-" and 14 No Ship or Goods fliall be feized 

Cfir. II. Cap. as forfeited, for unlawful Importation 
n. Sedl. 15, or Exportation, or for Non-Payment 

of Cuftoms, but by the Perfons ap- 
pointed to manage the Cufloms, or Officers of Cuf- 
toms, or Perfons deputed by Warrant from the Lord 
Treafurer, or Under-Treafurer, or by Commifhon 
from his Majefly under the Great or Privy-Seal, and 
if any Seiiure fhall be made by any other Perfon tor 
the Caufes aforefaid, fuch Seizure fhall be void. 

In cafe the Seizure or Information 
Ditto, Sea. -^pj[ .^^^ j^^jg ypp,^ jj^g js^Q. pf j^3^,i_ 

"' gation, the Defendants, fhall, on their 

Requefl, have a CommifTion out of Chancery to ex- 
amine Witneffes beyond Sea, and have a competent 
Time allowed for the Return thereof before Trial ; 
and the Examination of Witneffes fo returned, fhall 
be Evidence at the Trial. 

Every Perfon that fhall export Goods 
Ditto, bed. ^_.^_^ ^^^^ g^j.^ ^f jj^j^ Kingdom, ca- 

'5' pable of a Ship of two hundred Tons 

upon an ordinary full Sea, to any Part of the Medi- 
terranean, beyond the Port of Malaga, or import 
Goods from the Places aforefaid, in any Ship that 
hath not tv/o Decks, and do carry lefs than fixteen 
Pieces of Ordnance mounted, with two Men for 
each Gun, and other Ammunition proportionable, 
fliall pay for all Merchandizes fo exported or im- 
ported. One per Cent, above the Tonnage and 
Poundage. 

It fhall be lawful to export Fifli into 
any of the Ports of the Mediterranean 
in Any Englijh Ship, provided one Mo- 
iety of her Lading be Fifli, and to import Merchan- 
dize in the fame Ship for that Voyage, without paying 
any other Rates than accuftomed. 

. P The Mafler of every Ship, carry- 

"sea o '"^S Certificate Goods to Ireland, fhall 
^' ' "' take frcm th: ^olieflor in Gr<-a/-5r/- 

tain, a Duplicate of his Content, under the Hand 
and Seal of the Colleftor and Comptroller, (which 
they are required to deliver without Fee) and fuch 
Mafter fhall deliver fuch Duplicate to the Officers of 
the Cuftoms in Ireland, before he be permitted to 
land fuch Goods. 

r> \ C ■'^" '-^'^ ^'^y foreign Goods fhall, 

II Sca\ ^y any Collier, Fifher-Boat, or other 

Coafting Veffel, be taken in at Sea, 



Ditto, Seft. 
36. 



or out of any Veffel, to be landed, or put Into any 
other Ship, i^e. within the Limits of any Port, with- 
out Payment of the Duties, fuch Goods fhall be for- 
feited, and the A'lafter of fuch Col!ier,y(-. fhall for- 
feit treble the Value, unlefs in cafe of Neceffity, of 
which fuch Mafler fliall give Notice, and make 
Proof before the chief Officers of the Cuftoms of 
the firfl: Port, where he fhall arrive ; the Mafler or 
other Perfon taking Charge of the Ship out of which 
fuch Goods fhall be taken in at Sea, lliall forfeit tre- 
ble the ^'alue. 

All Goods not reported, and found Ditto, Sefl. 4. 
after clearing the Ship, by the proper 
Officer of the Cufto.ns, fliall be liable to Forfeiture. 

Where any Veffel of fifty Tons, or 
uivder, laden with cuftomable or pro- Ditto, Se£l. 8, 
hibited Goods, fhall be found hover- 
ing on the Coails, within the Limits of any Port, 
and not proceeding on her Voyage, (Wind and Wea- 
ther permitting; any Officer of the Cuftoms may 
go on board, and take an Account of the Lading, 
and demand Security of the Mafter, ^e. by his own 
Bond, to his Majefly, i^c. in treble the Value of the 
foreign Goods on board, with Condition, that fuch 
Veffel, (as foon as Wind and Weather, and the State 
of fuch Veffel doth permit) fhall proceed regularly 
on her Voyage, and fhall land fuch Goods in fome 
foreign Port. And if fuch Mafter, i^e. fhall refufe to 
enter into fuch Bond, or fhall not proceed on fuch 
Voyage, (as foon as Wind, Weather, and the State 
of fuch Ship will permit) unlefs fuffered to make a 
longer Stay, by the Colle£lor, or other chief Officer, 
(not exceeding twenty Days) all the foreign Goods, 
on board fuch Veffel, may, by any Officer of the 
Cuftoms by DIredfion of Ihe CoUeftor, or other 
principal Officer, be taken out of the Ship and fe- 
cured : and if fuch Goods are cuftomable, the Duties 
{\^■?y be paid ; and Wool, or any prohibited Goods, 
found on board, are declared fubjeft to Forfei- 
ture *. 

All Goods found concealed on board 9 Geo. II. Cap, 
any Ship, after the Mafter fliall have 35. Seft. 27. 
made his Report at the Cuftomhoufe, 
and not mentioned in the faid Report, fhall be for- 
feited, and may be feized and profecuted by any Of- 
ficer of the Cuftoms, and the Mafter of fuch Ship 
(in cafe he was privy to fuch Concealment) fhall for- 
feit treble the \'alue of the Goods. 

It fhall be lav.ful for the Officers of 1 1 Geo. I. 
Excife, to go on board any Veffel with- Cap. 30. Se6l. 
in the Limits of any Port, and to con- i- 



* N. B. There is the fame AS made fur any Ship hovering, on the Coaji of Ireland, l^c. by 6 Georpe I, Cap. i . Seft. 62. 

tinue 



0/ S H I P S, &'c. 



tinue on board, and rummage in like manner as the 
Officers of the Cuftoms, for Arrack, Rum, Brandy, 
or other excifeable Liquors ; and for Coffee, Tea, 
Cocoa-Nuts, Chocolate, and Cocoa-Pafte ; and to 
feize for his Majefty's Ufe, all fucli of the faid Com- 
modities there found, as by Law fhall be forfeited, 
together with the Package ; and to feize fuch of the 
faid Commodities, as before due Entry, and without 
paying or fecuring the Duties on the Importation, 
ftall be found unfhipping or unfiiipped. 

.. For Encouragement of the North 

Ca S 1 6 '^^" ^-fl""'^' ^'"^ IVeJlmony Fifheries, no 
"■ ' ' ' ' frefh Herring, frelh Cod, or Haddock, 
Coal-Fifti, or GuU-Filli, fhall be imported but in 
£n^///Z;-built Ships, and having Certificate as in the 
A£l, and whereof the Mafter and three Fourths of 
the Mariners are Englifi, and which have been caught 
in fuch Ships, and not bought of Strangers, under 
Fain of Forfeiture of all fuch Fifh, and the Ship in 
which it was imported. 

C II C ^° Britifi Ship, trading to any Part 

^ c' ' of the Mediterranean Sea, beyond Ma- 

laga, fhall be entitled to the Exemp- 
tion granted in the Aft 13 and 14 Car. II. Cap. 11. 
Seft. 36. (herein before recited) for that one Aioiety 
of the Loading of fuch Ship, fhall confifl of Fifli, un- 
lefs fuch Moiety confift of Fifli taken and cured by his 
Majefty's Subjedls. 

It fhall be lawful for Natives of Eng- 
m C ^ ^^'"' '""'^ °^ Ireland, to import into Eng- 
. ap. 39. y^^^^y dire£tly from Ireland, any Sorts 
of Hemp or Flax, and all the Produc- 
tion thereof, as Thread, Yarn, and Linen, of the 
Growth and Manufadlure of Ireland, free from all 
Duties, the Matter of the Veflcl importing the fame, 
bringing a Certificate from the chief Officer of the 
Port in Ireland, exprefling the Marks, Number, 
Tale, or Weight of the Species in each Bale men- 
tioned in the Bills of Lading, with the Names and 
Places of Abode of the Exporters from Ireland, and 
of fuch Perfons that fliall have fworn the Goods to 
be of the Growth and Manufa£lure of the Kingdom, 
and where, and to whom in England configned ; and 
the Mafter of the Ship, on Arrival in England, mak- 
ing Oath that the faid Bales and Goods, are the 
Bales and Goods taken on board, by ^'irtue of the 
faid Certificates. 

If any Perfon fiiall, v/lthin his Ma- 
Cai5*'i8 S a j^^y's Dominions, or without, falfely 
, ' ■ forge or counterfeit any Pafs for any 

Ship, commonly called a Mediterra- 
nean Pafs, or fliall alter or erafe any Pafs made out 
by the Commiffioners for executing the Office of 



47 

Lord High Admiral; or fliall publifli as true, any 
forged, altered, orerafed Pafs, knowing the fame to 
be forged, i^e. every fuch Perfon being convicted in 
Great-Britain, Ireland, or his Majefty's Plantations, 
where fuch Olfcnce fliall be committed, fhall be 
guilty of Felony, without Benefit of Clergy. 

None of the Duties upon Hop (ex- 
cept of Britifi Growth) fliall be drawn ^^ Cgfj /' 
back upon Exportation for Ireland; ' ^ ' '' 
and no Perfon fliall import into Ireland, from Flan- 
ders, or any other Parts (other than Great-Britain) 
any Hops, upon Pain of forfeiting the Hops fo im- 
ported, or the Value of the fame, and alfo the Ship. 

The Mafter of every Ship carryina; „ t ^ 

TT r ; ; /n 11 1 r "^ 1 I GeO. I. at. 2. 

Hops to Ireland, (hail take from the q 12 S 6 
CoileiStor or Comptroller of the Port 
in Great-Britain, where he fl'iall lade any Hops, a 
Duplicate of his Content of all the Hops laden on 
board his Ship, before he be permitted to fail, under 
the Hand and Seal of fuch Collector, &c. who fliall 
deliver it without Fee ; which Duplicate, the faid 
Mafter fhall deliver on Oath to the Officer of the 
Cuftoms in Ireland, before he be permitted to land any 
Hops ; and in Cafe any Hops fhall be landed in Ire- 
land, before fuch Duplicate be produced, all fuch Hops, 
and 10/. for every Pound Weiglit fliall be forfeited. 

The Duty on Hops of Britijh 6 Geo. I. Cap. 
Growth fhall not be drawn back for ii.S. 40. 
any fuch Hops exported for Ireland. 

No Commodity,- of the Producf or 7 Geo. I. C.ip. 
Manufacture of (he. Eajl -Indies, fliall be 21. S. 9. 
imported into Ireland, the Iflands of 
Jerfey, Guernfey, Alderney, Sark, or Man, or to any of 
the Plantations m Afriea or America, belonging to the 
Crown of Great-Britain, but fuch only as fliall be 
fhipped in Great-Britain, in Ships navigated accord- 
ing to Law, on Penalty of forfeiting all fuch Goods, 
or the Value thereof, together v/ith the Ship, iSc. 

This Aft fhall not prohibit the car- 
rying of Hides or Leather for the ne- '3 ^"J '''■ 
cefl'ary Ufe of the Ship, and which ^"''^ '^'^ '-'^• 
fhall not be fold in foreign Parts, fo as ''' ' 
the Number do not exceed fix raw Hides, and three 
tanned Hides. 

It fliall be lawful for any Natives 
of England or Ireland, to fliip in any 3 Awi. Cap. 
Port of Ireland, in Englijh built Ship- 8 S. i. 
ping, whereof the Mafter and three- 
fourths of the Mariners be Englijh or Irifi, any 
white or brown Linen Cloth, of the Manufadure of 
Ireland, and the fame to tranfport into any of the 
Plantations, the A<5t 15 Cur. II. Cap. 7. notwith- 
ftanding. 

Provided, 



48 



0/ s n I p s, &fc. 



Provided, that no Ship coming to 
Ditto S. 2, the Plantations from Ireland, fhall 

break Bulk, until the JVIafter fiiall have 
made known to the Governor, or to fuch Officer as 
/hall be by him appointed, the Arrival of the laid 
Ship, with her Name, and the Name of the Mafter, 
and fliall have delivered a true Inventory or Invoice 
of the Lading, together with a Certificate from the 
chief Officer of the Port in Ireland where fuch Ship 
fhall be laden, exprelTing the Particulars of fuch 
Lading, with the Names and Abodes of the Expor- 
ters, and of two Perfons, who fhall have made Oath 
before fuch chief Officer, that the faid Goods and 
Linen are bona fide of the Manufacture of Ireland ; 
and until the Mafter fliall have made Oath, before 
fuch Governor or Officer, that the faid Goods are the 
fame that he took on board by Vertue of fuch Cer- 
tificate, nor until fuch Ship fhall have been fearched 
by an Off.cer ; and in cafe the Commander of fuch 
Ship fhall break Bulk before fuch Notice given, and 
Certificate produced, and fuch Oath made, or before 
fuch Search, or if any Goods of Woollen Manufac- 
ture, not laden in England (neceffary Apparel of the 
Commander and Mariners excepted) or any Linen 
Goods not laden \n England, nor of the ManufaQure 
of Ireland, fhall be found, fuch Ship ihall be for- 
feited, together with all Goods imported, or found 
in fuch Ship. 

No Sugars, Tobacco, Cotton-Wool, 
iz Car. II. Indigo, Ginger, Fuftick, or other 

c. 1 8. S. 1 8. dying Wood, of the Production of 

any Englijl] Plantations in America, 
Afia, or Africa, fliall be carried from any of the 
faid Englijlj Plantations, to anv Place whatfoever, 
other than to fuch Englijl' Plantations as belong to 
his Majefly, or to England, Ireland, Wales, or Ber- 
tvick, there to be laid on fhore, under the Penalty 
of Forfeiture of the Goods, or the Value thereof, as 
alfo of the Ship with her Tackle. 

For every Ship which fhall fet out 
Ditto S. 19. from England, Ireland, Wales, or Ber- 

luick, for any Englijh Plantation in 
America, Afta, or Africa, Bond fhall be given with 
one Surety, to the chief Officers of the Cuftom- 
hoiife of fuch Port from whence the Ship fhall fet 
fail, to the Value of 1000/. if the Ship be of lefs 
Burthen than one hundred Tons, and of 2000/. if 
the Ship be of greater Burthen ; that in cafe the 
Ship fhall load any of the faid Commodities at the 
Englif) Plantations, that the fame fhall be by the faid 
Ship brought to fome Port of England, Ireland, Wales, 
or Berzvick, and fnall there unload the fame. Danger 
of the Seas excepted ; and for all Ships coming 



from any other Place, to any of the Plantations, the 
Governor of fuch Plantation fhall, before the Ship 
be permitted to load any of the faid Commodities, 
take Bond to the Value aforefaid, that fuch Ship fhall 
carry all the aforefaid Goods to fome other of his Ma- 
jefly's Englijh Plantations, or to England, Ireland, 
Wales, or Berwick ; and every Ship which fhall take 
on board any of the aforefaid Goods, until fuch 
Bond given to the Governor, or Certificate produced 
from the Officers of any Cuflomhoufe of England, 
Ireland, Wales, or Berwick, that fuch Bonds have 
been there given, fhall be forfeited with all her 
Tackle. 

Confirmed, 13 Car. II. Cap. 14. 

No Commodity, of the Production 15 Car. II. 
of Eur'.pe, Ihall be imported into any c. 7. S. 6. 
Plantation, or Place, which fhall be- 
long to his Majefty in Afia, Africa, or America, but 
v/hat fhall- be fhipped in England, Wales, or Ber- 
iviek, and in EngVjh built Shipping, and whereof the 
Mafter and three-fourths of the Mariners are EngliJ)], 
and which fhall be carried dire£tly thence to the faid 
Plantations, under the Penalty of the Lofs of all 
fuch Commodities imported from any other Place, 
and if by Water, of the Ship alfo with her Tackle. 

Provided, that it fhall be lawful to ta- <? 
,,.„,.' . , . , ,. Ditto b. 7. 

lade m bnips navigated as m the rore- 

going Chuife, in any Part of Europe, Salt, for the 
Fifheries of Neiu-England and NeivJ'oundland, and to 
fhip in the Madeiras, Wines of the Growth thereof; 
and to fliip in the,weftern Iflands or Azores, Wines 
of the Growth of the faid Iflands, and to take in 
Servants or Horfes in Ireland, and to fhip in Ire- 
land, Vi£tual of the Produftion of Ireland, and the 
fame to tranfport into any of the faid Plantations. 
Every Perfon importing by Land ^- „ „ 
any Goods into the faid Plantations, 
fhall deliver to the Governor, or to fuch Perfon as fhall 
be by him appointed, within twenty-four Hours 
after fuch Importation, his Name, and a Particular 
of all fuch Goods : And no Ship coming to any fuch 
Plantation, fliall lade or unlade any Goods, until 
the Mafter fliall firlT: have made known to the Go- 
vernor, or fuch other Officer as fliall be by him ap- 
pointed, the Arrival of the Ship, with her Name, 
and the Name of her Commander, and have fliewn 
to him thaf flie is an Englifi built Ship, or made 
good by producing fuch Certificate, that fhe is a 
Ship belonging to England, Wales, or Berwick, and 
navigated with an Englijh Mafter, and three-fourth 
Parts of the Mariners Englijl.', and have delivered to 
fuch Governor or other Officer, an Inventory of her 
Lading, with the Places in which the Goods were 

laden. 



0/ S H I PS, m. 



49 



laden, under the Pain of Lofs of the Ship with her 
Tac'rvle, and of all fuch Goods of the Produdion of 
Europe, as were not laden in England, Wales, or Bcr- 



vjica 



22 and 23 
Cat. n. c. z6. 
S. 11. 



The Word Ireland iha\\ be left out 
of all Bonds taken for any Ship, 
which fliall fet fiiil from England, 
Ireland, Wales, or Berzvick, for any 
Engli/Jj Plantation in America, Afta, or Africa ; 
and in cafe the Ship fhall load any of the fald 
Commodities at the faid Englijh Plantations, the 
faid Commoditicb, fhall be by the faid Ship, 
brought to foi.ie Port of England, Wales, or Ber- 
•wick, and ftiall there unload the fame, (Danger 
of the Seas excepted) and in like Manner for all 
Ships coming from any other Port to the laid Plan- 
tations, the Governor of fuch Plantations fliall, be- 
fore the Ship be permitted to load any of the faid 
Commodities, uike Bond in the Manner diredted in 
the Act, 12 Car. II. Cap. i^. for the encouraging of 
Navigation, that fuch Ship fhall carry all the iaid 
Goods to fome other of his Majefty's Englijh Plan- 
tations, or to E'^land, Wales, or Berwick ; and every 
fuch Ship which fhall load any of the faid Commo- 
dities, until fuch Bond given, or Certificate produced 
from the Officers of fome Cufl:omhoufe of England, 
Wales, or Berwick, that fuch Bond hath been there 
given, or which, contrary to the Tenor of fuch 
Bond, fhall carry the faid Goods to any Place 
other than to other Englifi Plantations, or to Eng- 
land, Wales, or Berivick, and there lay the fame on 
Shore, every fuch Ship fhall be forfeited, with her 
Tackle and Lading. 

If any Ship which by Law may 
trade in any of his Majefty's Planta- 
tions, fhall come to any of them to 
fhip any of the faid Commodities, and Bond fhall not 
be firft given with Surety, to bring the fame to Eng- 
land, Wales, or Berwick, and there to unload the 
fame (the Danger of the Seas excepted) there fhall 
be paid to his Majefty, for fo much of the faid Com- 
modities as fhall be put on board fuch Ship, thefe 
Duties, 'jiz. for Sugar white, the hundred Weight 
5/. brown Sugar and Mufcovadoes is. 6d. for Tobac- 
co the Pound id. Cotton-wooll old. Indigo 2d. 
Ginger the hundred Weight is. for Logwood 5/. 
for Fuftick and all other dying Wood 6d. and for 
every Pound of Cocoa Nuts id. to be colle£led as 
fhaii be appointed in the Plantations, before the 
Lading thereof, and under fuch Penalties as for de- 
frauding his Majefty of his Cuftoms in E'lgland. 
Ditto S 4 ^" cafe any Perfon liable topavthe 

Duties before-mentioned fhall not 



25 Car. II. 
c. 7. S. 2. 



7 and 8 WtlL 
III. cap. 22. 
S. 2. 



have Monies to pay the fame, the Officers fhall ac- 
cept fuch a Proportion of the Commodities as flial 
amount to the Value. 

No Goods ihall be imported into, 
or exported out of any Plantation, to 
!iis Majefty in Afta, Africa, or America 
belonging, or fhall be carried from 
any one Port in the Plantations to any other Port in 
the fame, the Kingdom of Endand, Wales, or Ber- 
vjick, in any Ship but what fhall be of the Built of 
England, or of Irelanti, or the Plantations, and 
wholly ov\'ned by the People thereof and navigated 
with the Marters, and three-fourths of the Mariners, 
of the faid Places (except Ships taken Prize, and Con- 
demnation thereof made in the Courts of Admiralty 
in England, Ireland, or the Plan/atijns, to be naviga- 
ted by the Mafter and three-fourths of the Mariners 
Englijh, or of the Plantations, and whereof the 
Property doth belong to Englijhmen) under Pain of 
Forfeiture of Ship and Goods. 

Merchandizes may be exported or T^•... c 

1 1 r 1 • T>- J Ditto, b. 7.. 

imported to, and from this Kingdom, -^ 

and Places aforefaid, in any Ships taken as Prize, and 
whereof Condemnation fliall be made in one of the 
Courts of Admiralty aforefaid, and fhall be navigated 
by the Mafter, and three-fourths of the Mariners, 
Englifi, and whereof the Property fhall belong to 
Englijhmen. 

All Ships coming into, or going out r):..- c g 
of, any of the Plantations, and lading ' 

or unlading any Goods, whether the fame be his Ma- 
jefty's Ships of War, or Merchants Ships, and the 
Commanders thereof, fhall be liable to the fame 
Rules, Vifitations and Forfeitures, as to the entering, 
lading, or difcharging their Ships, as Ships are li.^b!e 
to in this Kingdom, by 13 and 14 Car. II. cap. 11. for 
preventing Frauds in his Maieflfs Cujloms; and tlie Offi- 
cers for colle£tinghisMajefty'sRevenue,and infpecling 
the Plantation Trade in the Plantations, fhall have the 
fame Powers for fearching of Ships, and taking theirEn- 
tries, and for feizing Goods prohibited, or for which 
any Duties are payable, as are provided for the Offi- 
cers of the Cuftoms in England, by the faid Aft, as 
alfo to e:ifer Houfes, or Warehoufes, to fearch for, 
and feize fuch Goods ; and all the Warfingers, 
Lightermen, or other Perfons, alTifting in the Con- 
cealment or Refcue of the faid Goods, or in the 
hindering the Officers in the Performance of their 
Duty ; and tbe Vefl'cis employed in the Conveyance 
of fuch Goods, fliall be fubjefif to the like Penalties, 
as are provided by the fame A£l, in relation to pro- 
hibited, or u'lcuftomed Goods in this Kingdom ; and 
the like Alhftance iliall be given to the Officers, as 
n by 



50 



Of S H I P S, (^c. 



by ihe faid AS Is provided for the Officers in Eng- 
land, &CC. 

r,-,,„ c Where anv Qaeilion fhall arife 

Ditto, S, 7. ; ^^ . „ 

concerning the Importation, or JLx- 

portation of any Goods, into, or out of, the faid 

Plantations, the Proof fhail He upon the Owner, 

and the Claimer fhall be reputed the Importer or 

Owner. 

J^hto S 8 Notwithftanding the Payment of 

the Duties, granted by 25 Cc2r. II. 
cap. 7. in any of the Plantations, none cf the Goods 
mentioned in the Aft, fliail be fliipped until Securi- 
ty be given, as is required by the faid A£ts to carry 
the fame to England, IVales, or Berwick, or to fome 
other of his Majeily's Plaiitations, and h toties quo- 
ties as any of the faid Goods fhall be brought to be 
refhipped, under Forfeiture of Ship and Goods. 
Ditto, S. Q. ^" Laws, By-Laws, Ufiges or 

Cuftoms, which fliall be in PraSice 

in the Plantations, repugnant to the beforeinentioned 

Laws, or to this A£f, or any other Law to be made 

in this Kingdom, fo far as fuch Law faall relate to 

the Plantations, are void. 

T-v- ,„ c , Where the Governor, or Officers 

Uitto, o. 10. 1 <-> • -,- r 

appointed by the Commiilioners or 

the Cuftoms in the Plantations, fhall have Ground of 
Sufpicion, that the Certificate of having given Secu- 
rity in England is falfe, the Governor, or Officers of 
the Cuftoms, fhall take Security there, for the Dif- 
charge of the Plantation lading in England, JValcs, 
or Berwick ; and where there fhall be Caufe to fuf- 
peQ, that the Certificates of having difcharged her 
Lading of Plantation Goods in this Kingdom is falfe, 
the Governor or Officers fhall not cancel the Secu- 
rity given in the Plantation, until they be informed 
from the Commiflloners of the Cufloms, that the 
Certificate is true ; and if any Perfon fliall rafe, or 
falfify any Cockct, Certificate, Return, or Permit, 
for any VefTel or Goods, or fhall knowingly make 
Ufe thereof, fuch Perfon fliall forfeit Five Hundred 
Pounds. 

The CommilTioners of the Trea- 
furv, and the Commifiioners of the 
Cuftoms mav appoint fuch Officers of the Cuf- 
toms in any City, Town, River, Port, Harbour, 
*ir Creek, of any of the Klands, TraSs of Land, and 
Proprieties, as fliall feem needful ; alfo upon any 
Suits brought in the Plantations, upon any Law con- 
cerning his Majefly's Duties, or Ship?, or Goods; 
forfeited by Reafon of any unlawful Importations, 
oi" Exportation?, there fliall not be any Jury, but of 



Ditto, S. n. 



fuch only, as arc Natives of England, or Ireland, or 
born in his Alajefly's Plantations ; and upon all fuch 
Suits, the Offences may be laid in any Province 
County, or Divifion, of any of the Plantations, at the 
Pleafure of the Informer. 

In all Bonds to be taken in the Plan- p.. „ 
tations by 22 and 23 Car. II. cap. 26. ' ' '" 

the Sureties fliall be Perfons of known Refidence 
and Ability in the Plantations, and the Condition of 
the Bonds fliall be, within Eighteen A^onths after 
the Date, (the Danger of the Seas excepted) to pro- 
duce Certificate of having landed the Goods in one 
of his Majefty's Plantations, or in England, Wales, 
or Berwick, otherwife fuch Bond, or Copies thereof, 
attclled under the Hand and Seal of the Governor 
to whom fach Bonds were given, fhall be in Force, 
and allowed of in any Court in England, Ireland, or 
the Plantations, as if the Original were produced. 

It fliall not be lawful to put on -p,- „ 
Shore in Ireland, any Goods of the ' ' ^' 

Produce of his Majefty's Plantations, unlefs the fame 
have been firft landed in England, IVales, or Berwick, 
and paid the Duties, under Penalty of Forfeiture of 
the Ship and Goods. 

Provided, that if any Ship, fhall by Ditto, S. 15. 
Strefs of Weather, be Stranded, or 
by Reafon of Leakinefs, or other Difability, fliall be 
driven into any Port in Ireland, and not able to pro- 
ceed on her Voyage, the faid Goods may be put on 
Shore, but fliall be delivered into the Cuftody of the 
ColleSor, or chief Officer of the Cuftoms, until the 
faid Goods fliall, at the Charge of the Owner there- 
of be put on board fome other Ship, to be carried to 
fome Port in England, IVales, or Berwick, the Offi- 
cer taking Security for the Delivery of the fame, ac- 
cording to this A&.. 

No Ship fliall pafs as a Ship of the Ditto, S. 17. 
Built of England, Ireland, IVales, 
Berwick, Guernfey, Jerfey, or any of his Majefty's , 
Plantations in America, fo as to trade to the Planta- 
tions, until the Perfons claiming Property in fuch 
Ship, fliall regiftcr the fame, viz. if the Ship be- 
long to any Port in England, Ireland, IVales, or 
Berwick, Proof fhall be made upon Oath of one 
of the Owners, before the Colleftor and Comp- 
troller of his Majefty's Cuftoms in fuch Port, or if 
the Ship belong to any of his Majefty's Plantations in 
America, or to thelflands oi Guernfey, or 'Jerfey, then 
the like Proof to be made before the Governor, with 
the principal Officer of the Revenue refiding on fucli 
Plantation or Ifland, in the Tenor following, viz. 

Jurat 



0/ S H I P S, ^c. 



51 



JUrat A. B. that the Ship of 

ivhen-of 
is at prefent Majier, being a 
of Tuns, -was built at 

in the Tear and 

that of and 

of, &rc. are at prefent Oivners 
thereof ; and that no Foreigner direiHly, or iiidireilly, 
bath any Share, or Part, or Interejl therein. 

Which Oath being attefted by the Governor, or 
Cuftom Officer, Ihall, after having been regiftered 
by them, be delivered to the Mafter of the Ship, a 
Duplicate of which Regifler, fhall be tranfmitted to 
the Commiflioners of Cuftoms in London, to be en- 
tered in a general Regifler there ; with Penalty upon 
any Ship trading to any of his Majefty's Plantations 
in America, and not having made Proof as here di- 
refted, that fhe fhall be liable to fuch Forfeiture as 
any foreign Ship, except Prizes condemned in the 
Admiralty. 
T,„ c o Provided that Ships taken at Sea by 

UlttO, O. lb. , r T\ T T-. •,- 1 1 

Letters ot Mart, or Kepnfal, and 
Condemnation thereof made in the Admiralty of 
England, fhall be fpecially regiftered with Proof, that 
the entire Property is Englip. 

Ditto S 10 Nothing in this Aifl fhall require 

' ' ^' the regiftering any Fillier-Boats, Hoys, 
Lighters, Barges, or any open Boats, whofe Navi- 
gation is confined to the Rivers or Coafts of the Plan- 
tation where they Trade, but only of fuch as crofs 
the Seas. 

No Ship's Name fhall be changed, 
without regiftering fuch Ship de novo, 
which is to be done upon any Transfer of Property to 
another Port, and delivering up the former Certi- 
ficate, under the fame Penalties as before ; and in 
cafe of any Alteration of Property, in the fame 
Port, by Sale of Shares after regiftering, fuch Sale 
fhall be acknowledged by Indorfement on the Cer- 
tificate before two WitneftTes. 

%znAA.An« Rice and Molaftes, produced in the 

cap. 5. S. 12. Plantations, fhall be reftrained to be 
imported into this Kingdom, Wales 
and Berwick, as by the Ads 12 Car. II. cap. 18. and 
25 Car. II. cap. 7. 

3 and 4 Ami Kvery Perfon that ftiall import di- 

cap. 10. S. I re£f!y from any of her Majefty's Plan- 
tations in America, in any Ship that 
may lawfully trade thither, manned as by Law is 
required, any of the naval Stores hereafter mention- 
ed, -viz. Hemp (for the refi of the Acl is expired) 



Ditto, S. 20. 



fliall have as a Premium for fuch Importation as fol- 
lows, "viz. 

For Hemp, Water-rotted, bright Ditto, S. 2. 
and clean /rr Tun, 61. 

Which Premiums fhall be paid by Ditto, S. 3. 
the CommllTioners, or principal Offi- 
cers of her Majefty's Navy, who are to make out 
Bills for the fame, upon Certificate of the chief Offi- 
cers of the Cuftoms in any Port of this Kingdom, 
where fuch Stores fhall be imported, fuch Bills to 
be given within twenty Days after the Difcharge of 
the Ship, upon a Certificate produced to the chief 
Officers of the Cuftoms, under the Hand and Seal 
of the Governor, Lieutenant Governor, Collector 
of Cuftoms, and naval Officer, or tv»o of them, 
refiding in the Plantations, that the Perfon loading 
the fame, had made Oath before them, that the 
Stores were of the Growth of her A'lajefty's faid 
Plantations, as likewife, upon Oath to be made in 
England, by the Mafters of fuch Ships, that the fame 
were laden on board within fome of her Majefty's 
Plantations in America, and that they believe the faid 
Stores were the Produce of the faid Plantations. 

Upon importing fuch Stores from y^. _ 
her Majefty's Plantations, the Pre- °' ^" 5- 

emption of fuch Stores fhall be offered to the Com- 
miftioners of her Majefty's Navy; and if within 
Twenty Days after fuch tender, the Commiflioners 
fliall not contra£f for the fame, it fliall be lawful for 
the Importer to difpofe of the fame. 

Provided that the Importation of .p.. „ . 
fuch Stores be fubjeft to the fame Re- ' > ■ • 
gulations, in Reference to the Shippijig thereof, and 
fuch Security given for importing the fame into Eng- 
land, as the Importation of Sugar, Tobacco, Cotton- 
wooll, Indico, Ginger, Fuftick, and other dying 
Wood, from her Majefty's Plantations in America, are 
fubjeft to. 

This Aft fhall commence from the Ditto, S. 9. 
firft of January, 1 705, and ftiali con- 
tinue nine Years. 

Farther continued by 12 Ann. St. I. cr.p. 9. /Cr 
Eleven Tears, and to the End of the next Seffton 
of Parliament, and farther continued as to Hemp, 
by 8 Geo. I. Cap. I'i. for 16 Tears, and to the 
End of the next Sefjion of Parliatr.ent. 

Plantation Bonds, civen for bring- „ . 
^, . J /^ jv ^ Ann. cap. 

ing the enumerated Commodities, to ,, § ,, 

Great-Britnin,\n cafe there be no Pro- ^ 
fecution for Breach of the Conditions, within three 
Years after the Dates, or if Judgment be not ob- 
tained for her Majefty within two Years after the 
H 2 Pro- 



52 



0/ S H I P S, 



cr<:. 



Profecution commenced, fuch Plantation Bonds flinll 
be void, and delivered up by the Officers, on Pain of 
anfwering all Damages with treble Cofts. 

. All Prize Goods of the Produce of 

', "c"' foreign Plantations, which Ihail be 

imported into Great-Britain from the 
Plantations in America, upon producing a Certifi- 
cate of the ColleSor, Comptroller, or other chief 
Officer, at the Port where fuch Goods were embarked 
m America, fliall pay fuch Duties only in Great-Bri- 
tain, as in cafe they had been of the Produce of the 
Plantations belonging to the Crown of Great- Bri- 
tain, any A£t to the contrary notwithftanding. 

. Prize Cocoa of the Produce of fo- 

lo Ann. cap. ■ tii ■ i • 

•'6 S m reign Plantations, imported into 

Great-Britain, having proper Certi- 
ficates to prove the fame being Prize, fhaH be liable to 
no other Duties, than what fuch Prize-cocoa was 
liable to pay by her Majefty's Declaration made 
in Favour of the Captors of Prizes, the A<Sl lo Ann. 
cap. 22. notwithftanding. 

o Q I _„ All Beaver Skins, and other Furrs 

, g' ' ^' of the Product of the Britijh Planta- 
tions in America, Afia, or Africa, 
fliall be imported from thence directly into Great- 
Britain, and laid on Shore there, and not elfewhere, 
under the Penalties, l£c. in 12 Car. 11. cap. i8. in 
Relation to Sugars, Tobacco, and other enumerated 
Goods. 

It fhall be lawful for any of his Ma- 
jefty's Subjeds, to carry Salt from 
any Part of Europe to Penfdvania, in 
Sr/V//^ Ships, navigated according to the A(St I2 Car. 
II. cap. I 8. of Navigati'.n. 

Gfo IT can It fhall be lawful for any of his Ma- 

,2 jefty's Subjeifls to carry Salt from anv 

Part of Europe to Neiv-7'ork, in Britijh 
Ships, navigated according to 12 Car. II. cap. i 8. in 
the fame manner as Salt may be imported from 
Europe, into New-England, and Newfoundland, by 15 
Car. II. cap. 7. 



1 3 Geo. I. cap. 



i Geo 

28. s. 



II. 



The Act 3 and 4 Ann. cap. ^. fo 
far as it extends to the making Rice 



fhall clear outwards in Great-Britain for CafJ'na, to 
fhip Rice in the faid Province, and to carry the fame 
to any Port of Europe, Southward of Cape Finiflerre, 
without carrying it to any ether of his Majefty's 
Plantations, or to Great-Britain ; the Mafter, before 
fhe clears outwards from Great-Britain, taking a 
Licence of the CommilFioners of the Cuftoms, 
for the loading and carrying it from Carolina, to 
fome Part of Eur'jpe, Southward of Cape Fini- 
ferre, on a Certificate from the Co!le£for and 
Comptroller of the Port, where fuch Licence 
fhall be defired, certifying that Bond has been given 
with Security in looo/. if the Ship be of lefs Burden 
than 1 00 Tons; and of 2000/. if of greater Burden: 
that no Tobacco, Sugars, Cotton-wooll, In.'igo, 
Ginger, Fuftick, or other Dying Wood, Molaffes, 
Tar, Pitch, Turpentine, Hemp, Marts, Yards, Bow- 
fprits. Copper-ore, Beaver Skins, or other Furrs, of 
the Production of any Britifi Plantation in America, 
fhall be loaden on board fuch Ship at Carolina, or 
any other of his Majefty's Plantations, unlefs for 
the neceflary Provifionsof fuch Ship in her Voyage ; 
and that fuch Ship Ihall proceed direftly with all the 
Rice loaded on board by Virtue of fuch Licence, to 
fome Port of Europe, Southward of Cape Finifierre, 
and there land the Rice, and proceed for Great-Bri- 
tain, before flie returns to any of the Plantations ; 
and if the Mafter fhall not, within four Months after 
his Arrival at luch Port, produce a Certificate of 
having landed the faid Rice ; which Certificate is 
to be under the Hand and Seal of the Britijh Con- 
ful ; or where there is no Conful, of two known 
Britiftj Merchants, refiding in the Port where the 
Rice fhall be landed ; the Bond fhall be forfeited, and 
may be fued in any Court of Record in Great- 
Britain. 

Before any Rice be put on board Ditto, S. 3. 
any Ship at Carolina, by Virtue of the 
faid Licence, the Mafter fhall deliver to the Colleftor 
of the Port, where the Ship is to take in her Lading, 
the faid Licence, am! a Certificate cf fuch Bond ha- 
ving been given in Great-Britain ; and ftiall deliver ■ 
in Writing upon Oath before the Collectors, whether 



of the Growth of his Majefty's Plan- he intends to load any Rice purfuant to fuch Licence, 
\.z.i\o\M \w America an enumerated Commodity, fhall and to what Place. 



be confirmed; except as to fuch Rice as by this 
Act fliall be permitted to be exported from Carolina, 
to fuch Places, and under fuch Reftriftions, as are 
herein after appointed. 

It fliall be lawful for any of his Ma- 
jefty's Subjects, in any Ship built in 



Ditto, S. 2. 



Before the Rice (hall be fhipped, Ditto, S. 4. 
tht' Perfon exporting it fhall make an 
Entry thereof with the Collector of the Cuftoms, 
and the naval Officer, and alio with the Comptroller, 
where there is fuch an Officer, and fhall take out a 
Cocket of fuch Entry, and flialf before the Rice be 



Great-Britain, or belonging to his Majefty's SubjeCts, put on board, indorfe on the Cocket the Quantity in 
refiding there, and navigated according to Law, that tended to be fliipped, mentioning the Marks, Num- 
bers 



0/ S H I P S, &c. 



bers and Contents of each Cafk, and fliall deliver 
the Cccket to the Searcher, or other OHicer a|ipoin- 
ted for the examining and /hipping thereof; and if 
the Quantity fhall appear to be greater than is in- 
dorfed, or if any Rice lliall be put on board any 
Ship, or anv Hoy or A'cflel, in order to be put on 
board, before fuch Entry, and taking out fuch Cock- 
et, and indorfing and dehvering of the fame as atore- 
faid, fuch Rice ihall be forfeited, as aUb the Hoy, 
l^c. and the Owner of fuch Rice, or other Perfon 
employed in fhipping it, fhall alfo forfeit treble the 
Value thereof, bjc. And before fuch Ship fhall de- 
part from Cjro/zW, the Mafler fhall receive the Li- 
cence from the CoUeQor, and naval Officer, and 
Comptroller, who fhall indorfe thereon the Marks, 
Numbers, and Contents of each Calk of Ricefhip- 
ped ; and the Colleflor, and other Officers, fliall 
make two Copies of fuch Licence and Indorfement ; 
and the Mafter fhall, before he receives the Licence, 
atteft the Copies which are to be left with the Cdl- 
leSor and other Officers; and the Mafter fliall alfo, 
on Return of the Ship to Great-Britain, deliver the 
Licence to the CommifTioners of the Cuftoms, or 
to the Colle6lor or Comptroller of the Port where 
Bond was given ; as alfo a Certificate fealed by the 
Conful, or two known Britijh Merchants, at the 
Port where the Rice was landed, certifying the Cafks 
fo landed, and that they verily believe, that no Sugar, 
Tobacco, or other enumerated Goods, except Rice, 
have been landed out of fuch Ship. 
-.- „ The CoUedor and other Officers in 

' ■ ^' Carolina, fhall tranfmit one of the 
Copies of the Indorfement, to the Commiffioners of 
the Cuftoms in Great-Britain, and thereupon there 
fhall be payable to his Majefty, fo much as the half 
Subfidy of the Rice fo fhipped in Carolina fhall 
amount to, which would have remained if the Rice 
had been firft imported into Great-Britain, and after- 
wards re-exported ; and if it be not paid within thirty 
Days after Demands, the Bond fhall be forfeited, 
and the Perfons bound therein fhall pay treble Cofts. 
•pjj c f. This A£l fhall continue five Years, 

' ' ■ l^e. 
Continued by 8 Geo. II. cap. 19. until the agth of 
September, 1742, a?iii to the End of next Sejfim 
of Parliament ; and to extend that Liberty to his 
Majejlfs Province of Georgia in America. Far- 
ther continued by the 15 and 16 Geo. II. '//// the 
\Ji June 1747, and to the End of the then next 
Sejp'jn of Parliament, and farther continued by the 
20 Geo. II. until i/l June 1754, and from thence 
to the End of the then next Sejfion of Parliament. 



It fhall be lawful to import into 4 Geo. II. c. 
/r^/rt?;^', from his Majefty 's Plantations 15- Seft. i. 
in America, all Goods of the Growth 
or ManufaQure of his Majefty's Plantations (except 
Sugars, Tobacco, Cotton-wooll, Indigo, Ginger, 
Specklewood, or Jamaica Wood, Fuftick, or other 
dying Wood, Rice, Molaftes, Beaver-lk.ins, and 
other Furs, Copper Ore, Pitch, Tar, Turpentine, 
Marts, Yards, and Bowfprits) the Aa 7 and 8 Will. 
III. cap. 22. notwithftanding. 

Provided that the Goods be impor- Ditto, S. 2. 
ted in Britifi Shipping, whereof the 
Mafter, and three Fourths of the Mariners arc 
Britifi. 

The Ad gJnn. cap. 12. and 1 Geo. 5 Geo. II. c. 9. 
I. Stat. 2. cap. 12. which prohibit the 
Importation of Hops into Ireland from Flanders, or 
other Parts (other than from Great-Britain) fhall be m 
Force, as if the Aft 4 Geo. II. cap. 1 5. had never 
been made. 

No Sugars, Paneles, Syrups, or 6 Geo. II. c. 
Molafles of the Growth of America, «3-S. 4- 
nor any Rum, or Spirits of America, 
except of the Growth of his Majefty's Sugar Colo- 
nies, fhall be imported into /rc/ii^u/, but fuch only as 
fliall be fliipped in Great Britain, in Ships navigated 
according to Law, under the Penalty of forfeiting all 
fuch Sugar, Paneles, Syrups or Molaffes, Rum, or 
Spirits, or the A'alue thereof, together with the Ship, 
in the which the fame fliall be imported, i^ c. 

If any Perfon fhall allift in landing qj^q 5 
fuch Sugar, i^c in Ireland, or any of 
his Majefty's Plantations in America, or fliall receive 
into his Houfe or Cuftody any fuch Commodities, 
knowing the fame to be imported contrary to this 
A£t, fuch Perfon fhall forfeit treble the Value of fuch 
Goods. 

If any Perfon fhall hinder any Cuf- Ditto, S. 6. 
tom-Houfe, or other Officer in the 
Execution of their Duty in feizing the Commoditic» 
aforementioned, he fliall forfeit 50/. and be impri- 
foned three Months. And if any Officer in Ireland, 
or the Plantations, fhall connive at the Importation 
of the Commodities aforementioned, he fhall forfeit 
50/. and be incapable of holding Office under his 
Majefty. 

If any Mafter of any Ship fliall Ditto, S. 7. 
take in any Sugar, i^c. to be imported 
into Ireland, or any of his Majefty's Plantations con- 
trary to this A.Q., fuch Mafter fliall forfeit 100/. 

Upon all Suits for Importation of y.. „ _ 
the Commodities afore-mentioned, the . ' ' ' 
Onus proband! fhall lie on the Claimer. 

Nothing 



0/ S H I P S, ^c. 



54 

T^•,, c , , Nothins; herein iliall retrain tlie 

Importation ot Sugars, of the Pro- 
time of tlie Dominions of Spain or Portugal, from 
nny Place, from «hence fuch Sugars might lawfully 
have been imported before the making of this Ad:. 

This A6f fliall continue five Years 
Ditto, S. 14. from the 24th of '7'"'<'j 1733» ^^^ t'J 
the End of the next Seflion of Par- 
liament. 
Ccntinuciifeven 7 ears, and to the End of next Si'fjhyn 
by II Geo. II. cap. 18. and further continued for 
the Term of feven Tears, and from thence to the 
End of the then next Seffim of Parliament by 19 
Geo.II. 
„, „„. ,„ No Perfon fhallcaftout of any Ship 

34 and 35 Trrri i- TT -r.! 

Hen. VIII °'' * cllel, v\ itr.in any Haven, Road, 

cap. Q. S. 6. Channel or River, flowing to any Port 
or Town within the King's Domini- 
ons, any Ballaft, Rubbilli, Gravel, or other 
Wreck or Filth, but only upon the Land above the 
full Sea Mark, upon Pain to forfeit 5/. 
Q Geo II c Every Ship, which Ihall be built in 

^„5'.' ' Great-Britain, and every Ship built 
' in his Majefty's Plantations in America, 

fhall, upon her firft fetting out, have one compleat 
Set of Sails, made of Cloth manufaSured in Great- 
Britain, and in cafe fuch Ship fliall not be fitted as 
aforefaid, the Mafler {hall forfeit 50/. 
■rjjjjjj g No Perfon Ihall make into Sails or 

Tarpawlins, any foreign Sail-Cloth 
imported after the 24th of June, 1731, not (lamped ; 
and in cafe any Perfon fliall make up foreign Sail- 
Cloth, other than as aforefaid, fuch Sails and Tar- 
pawlins fliall be forfeited, and fuch Perfon fliall for- 
feit 20/. 

jjj c ,„ This Aft fliall continue five Years 

' ■ from the 24th of June, 1736, and to 

the End of the next SeiTion of Parliament. 

Continued tilt the.\fl of June, 1747, and until the 
fiid next Sejfion of Parliament, by 15 and 16 
Geo. II. 

Confirmed by 19 Geo. II. p. 457. And it is there 
atfo enatled, that from the 24th of June 1746, every 
Mailer of a Veffel belonging to a Subjeft, navigated 
with, or having any foreign-made Sails aboard, ihall 
at the Time of his making his Entry at the Cuftoni- 
houfe of fuch ^'efle:!, alfo make Entry and Report 
upon Oath of all foreign-made Sails ufed in, or be- 
ing aboard fuch Veffel, and before the Veffel fliall, 
be cleared by the Officers of the Cuftoms inwards, 
where flie foall difcharge any of her Lading, he 
ftiall pay the like Duties payable by an Ad of 12 
^nn. 



Every fuch Sail fliall be flamped at the Place 
where the Veffel fliall make her Entry, in manner 
herein aforementioned ; and if the Mafter fliall not 
make fuch Entry, and pay the Duty before the Veffel 
fliall be cleared by the Officers of the Cuftoms in- 
wards, all fuch Sails fliall be forfeited, and the Mafter 
for every fuch Offence fliall alfo forfeit 50/. 

If the Mailer after his Report on p,^ ^ 
Entry made, and before the Veffel is "''=' '*^ 
cleared by the Officers of the Cuftoms, fliall declare 
his Intention of not chufing to pay the Duty, and 
fliall deliver fuch Sails to the Officer of the Port 
where he makes his Entry, in fuch cafe, the Sails 
are to be forfeited, and the Mafter fliall not be liable 
to pay the Dutv or Penalty of 50/. 

Nothing herein contained fliall make Captains or 
Mafters of Veffels, coming from the Eajl-Indies, 
liable to the Duties or Forfeitures aforefaid, for fuch 
Veffels being navigated with, or having toreign-made 
Sails on board, which fliall bona fide be brought by 
them from thence. 

The Comniiflioners of the Cuftoms of Great-Bri- 
tain, by the 24th oi June 17 46, fliall provide a fuffi- 
cient Number of Stamps of eight Inches Diameter 
for the Stamping of foreign-made Sails, i^c. 

And as Doubts have arifen about the Meaning of 
a Claufe in the faid A6f of 9 Geo. II. by which Veffels 
are obliged at their firft fetting out, or being firft na- 
vigated at Sea, to be furnifhed with one full and com- 
pleat Set of Sails, made of Sail-Cloth manufactured 
in Great-Britain : To obviate fuch Doubts for the 
future, it is enabled, that from the 24th of June, 1746, 
every Veffel which fliall be builtin Great-Britain, and 
from the 29th o( December, 1746, every Veffel which 
fliall be built in his Majefty's Plantations in America, 
upon her being firft navigated, fliall be furniflied 
with one full and compleat Set of Sails p ^^ 
(bona fide belonging to fuch Vefl'el, ^ t- "■ 
is'c.) made of Sail-Cloth manufaSured in Great-Bri- 
tain, under Penalty for every fuch Default of 50/. to 
be forfeited by the Mafter. 

This Act fliall continue and be in force for feven 
Years, from the 24th of June, 1746, and from 
thence to the then next Seliion of Parliament. 

If any SubjecT: of this Realm, fliall ^^j g ^-/^ 
fliip any Salt or Rock Salt, that hath g„j f^,j^,._ ^ ' 
paid the Duty, to convey it by Sea to y. S. 21. 
any Part of England, and the Veffel 
perifli at Sea, or be taken by Enemies with fuch Salt on 
board, fuch Perfon fliall, upon Proof made at the Quar- 
ter Sellions, for the County, tiff, wherein he doth in- 
habit, of the Lofs of fuch Salt, receive from the 
Seflions a Certificate, and upon producing the 

Certificate 



Of S FI I P S, Wc. 



55 



Certificate to any Officers of the Duty, tliey are 

to let iuch Perl'ons buy the like Quantity of Salt, 

without paying any Duty. 

. c Where any Ship laden with Salt 

„ -.. c ^ fliall be found hoverine on the Coafts, 

cap. 21. o. 7. . " . ' 

not proceeding on her Voyage, it fhajl 

be lawful for the Officers of the Cuftoms, or the 
Duty on Salt, to go on board fuch Veffels, and com- 
pel them to come into Port, and to continue on board 
until the Salt be unladen, or the Ship fhall depart 
from the Port ; and if the Perfons on board any Ship 
importing Salt, fhall negleft to enter or unlade fuch 
Salt, twenty Days after the fame is come into Port, 
or within that Time to depart and proceed on their 
Voyage, unlels permitted by the chief Officer of the 
Cuftoms to make a longer Stay, all the Salt on board 
fuch Ship fliall be forfeited, and double the Value 
thereof, to be recovered of the Mafter. 
„. CO No foreign Salt fliall be imported in 

Ditto, S. 8. „, . r I r Tj J ,r ^ . 

any bhip ot leis Burden than twenty 
Tuns, and in Bulk only (except for the Provifionsof 
the Ships) upon Pain of forfeiting the Salt, and dou- 
ble the Value to be recovered of the Perfon import- 
ing- 

-.^. „ If any Ship laden with Salt, to be 

' ' ' carried beyond the Seas, fhall come 
into any Place in England, it (hall be lawful for the 
Officer of Salt, to enter fuch Ship, and there con- 
tinue 'till the Ship unlade her Cargo, or return to 
Sea under the Penalty of 20/. to be recovered of the 
Mafter, who fliall refufe fuch Officer to come on 
board ; and if any Perfon fliall unlade any of the Salt 
before Entry or Re-payment of the Duty, the whole 
Cargo of Salt fhall be forfeited. 
. „ Where any Salt fliall be laid on 

' °' ■ '3- board any Ship, either to be tranf- 
ported beyond the Seas, or carried Coaflwife, the 
Officer of the Cuftoms fliall in the Cockets, (which 
fhall be alfo flgned by the Officer for the Duty on 
Salt, and given without Feej exprefs the Quantity 
of Salt; and in cafe iuch Ship ffiall come into any 
Port m England, it fliall be lawful for the Officers of 
the Cuftoms, or Officers for the faid Duties, to go on 
board fuch Ship, and demand a Sight of fuch Cockct, 
and in cafe he have Caufe to fufpetf that there is not 
fo much Salt on board as the Quantity exprefTed in 
fuch Cocket (and ffiall make Affidavit thereof before 
the Collector, or Cuftomer of the Port) to weigh all 
the Salt remaining on board ; and in cafe there ffiall 
appear not to be fo much as the Quantity expreflTed 
in fuch Cocket, (making Allowance for the Wafte, 
and for Salt delivered at another Port, and indorfed 
in the Permit) the Salt remaining ffiall be forfeited. 



No Salt of the Produce or Mami- 2 and 3 j^nu. 
failure of Eng/und, ll''ult<, Bmvuk, Cap. 14. S. i. 
Scotland, or Ireland, nor any other 
Salt coming from Ireland, Scotland, or the Ijle of 
Man, ffiall after June i, 1704, be imported into 
England, Wales, or Bcriuick, upon Pain that all the 
Salt fo imported, ijc. ffiill be forfeited, and that 
the Ship ffiall alfo be forfeited ; and every Perfon that 
ffiall take any Salt out of fuch Ship, or carry the 
fame on ffiore, or convey the fame from the Shore, 
or be aflifting therein, ffiall forfeit 20/. or fufrer fix 
Months Imprifonment. 

It fliall be lawful for any of the Ditto, S. 2. 
Officers for the Duties upon Salt, 
within two Months after the landing any fuch Salt, 
to I'ei'/^e the Salt, and alfo the Ship; and in cafe the 
Owner of fuch Salt or Ship, fliall not within twenty 
Days claim the Salt and Ship, and give Security to 
anfwer the Value, the Salt and Ship ffiall be fold. 

Nothing in this Acl fliall extend to -^- o ^ 
any Salt ffiipped to be carried Coaft- ' ' ' ' ^' 
wife, by Certificate, from one Port to another, ac- 
cording to former A£fs. 

In cafe where Salt ffiall fiave been „. „ 

ffiipped to be exported, and the Ship ' ' • 4- 

ffiall by Strefs of Weather, Enemies, or other Ne- 

ceffities, be forced into any Port in Ewland, it ffiall 

be lawful for the Owner ot fuch Salt, or Mafter of 

fuch Ship within twenty Days to relaiid the Salt, fo 

as due Entry be- made, and the Duties again paid 

down for the whole Quantity that was entered to be 

exported before any Part thereof be relanded. 

Where any Ship ffiall come into any r-.-.. c /- 
T) t f c ; jc Til t Ditto, S. 6. 

Port ot England from Ireland, 01 other 

foreign Part, having on board any Salt which v/as 
taken in only for the Provifion of the Ship, or for 
curing of Fiffi, it ffiall be lawful to land the Sail, fo 
as Entry be made thereof within ten Days after com- 
ing into Port, and the Duties paid down or fecured, 
before any Part thereof be landed. 

Whe;-c any Salt (the Duties where- Ditto, S. 10. 
of ffiall have been paid or fecured) 
fliall be ffiipped, and periffi by the finking of the Ship, 
before going out of Port, and before the Exporter 
fliall be intitled to a Drawback ; the Exporter or Pro- 
prietor ot the Salt, fliall, upon Proof made before the 
Juftices at next Quarter Seflions, receive a Certifi- 
cate of fuch Proof, and upon producing it to any 
Colledor of the Duties, he ffiall let the Proprietor 
buy the like Quantity of Salt without paying Duty. 

Or if any Silt is loft at Sea bv j^. 
ftormy Weather, or by being thrown ' ' ' ^^ 

overboard. 



56 



(9/ S H I P 



c. 



overboard for the Ship's Prefervation, the Owner 
thereof (hall upon Proof by the Oaths of two (where- 
of the Mafter or Mate of the Veffel to be one) re- 
ceive a Certificate as above, and be allowed to buy 
the like Quantity of Salt without Duty. 

If any Mafter of a Ship, who fhall 
5 Geo. I. C. import into Great Britain, any Salt 
i8. S. i8. taken in for the Provifions of the Ship, 

or for curing of Fifh, fhall not enter 
and pay, or fecure the Duty for the fame, within 
ten Days after coming into any Port, and before 
the fame be landed, the Salt fo imported fhall be for- 
feited, and the Mafter or Owner fhall likewife forfeit 
double the Value. 

Every Mafter of any VelTel, who 
Ditto, S. 20. (hall tranfport any foreign Salt from 

Scotland, or any of the Iflands thereto 
belonging, to England, or from one Port to another in 
Great Britain, fliall before landing or delivering fuch 
Salt, deliver to the Officers for collefting the Duties 
on Salt a Particular of the Quantity, figned by the 
Officers of Salt and Cuftoms for the Port, whence 
the Veffel came, and the Mafter, his Mate, or Boat- 
fwain, fliall make Oath before the Commilfioners 
for the Salt Duties, or their Officers, that to his 
Knowledge, there hath not been taken into the Vef- 
fel any Salt, fuice he came from fuch Port: And if 
fuch VelTel be to deliver Part of her Salt, at one 
Port, and Part at another, the Officers of the Salt 
Duties, and of the Cuftoms, where fuch Salt fhall be 
delivered, fhall certify on the Back of the Cocket or 
Tranfire, or elfe by Certificate, what Quantity of 
the Salt hath been delivered, on Penalty of double the 
Value of the Salt otherwife delivered, and lOs. per 
Bulliel. 

It fhall be lawful for the Salt Offi- 
Dittc, S. 21. cers, at any unlading Port, to go on 

board fuch ^'e^"el, before the Delive- 
ry, and demand a Sight of the Cocket, and to weigh 
the Salt upon the unlading; and if the Salt be found 
to be more in Weight than what is contained in the 
Cocket, the Surplulage fhall be forfeited, and if the 
Mafter refufes to fhew the Cocket, the Officer may 
feize the Salt, and detain it till the Cocket be pro- 
duced ; and if it be not produced in four Days, the 
Salt fhall be forfeited. 

The Officers of the Cuftoms, or of 
Ditto, S. 22. the Duties on Salt, may go on board 

any Veffel, to fearch if there be any 
Salt on board, and may feize the fame, if it be found 
on board any other Veffel, than that in which fuch 
Salt was imported, unlefs it had been duly entered, 
«r the Duties paid, or fecured ; and all fuch Salt 



fhall be forfeited, or the Value thereof, to be re- 
covered of the Mafter or Owner of fuch ^'effel, who 
fhall likewife be liable to all other Penalties, as if 
the fame had been landed, without Entry or Pay- 
ment of the Duties : And every Perfon, who fhall 
hinder any Officer in going on board any Vefl'el and 
fearching, fliall forieit 40/. 

If any foreign Salt be put on fhore 
before Entry or the Duty p.jid, or Ditto, S. 24. 
without a Warrant ; the Perfon landing 
the fame, or conveying it from the Shore, or aflift- 
ing therein, fliall, over and above the Penalties al- 
ready given, forfeit 100/. 

On refhipping any Salt, Britip or 
Foreign, from any Boat into anv Ship, Ditto, S. 2j. 
and before any Difpatches for the Salt 
fo relTiipped, be granted, the Mafter, ^r. that comes 
along with the Salt, to be fhipped on board another 
Veffel, fliall make Oath before the Salt Officer, that 
all the Salt he took in is truly refhipped, and that 
there was no Salt added to it, or taken from it, to 
the beft of his Knowledge, on Penalty of forfeiting 
double the Value of the Salt, that fhall be otherwife 
refliipped, and alio lor. ^fr Bufliel. 

The throv.'ing of Silk is not a Ma- 
nufa6ture within the Intention of the 2 KVl. and 
Aa of Navigation, 1 2 Car. II. Cap. Mar. Stat. I. 
18. and no thrown Silk of the Growth ^- 9- ^- 2- 
or Produ(5fion of Turkey, Perfia, Eaft- 
India, or China, or of any other Country or Place 
(except only fuch thrown Silk, as lliall be of the 
Growth, or Produftion of Italy, Sicil\', or of the 
Kingdom of Naples, and which fhall be imported in 
fuch Ships, and navigated in fuch Manner, as in the 
faid A£t is direfted, and brought from fome of the 
Ports of thole Countries, whereof the fame is of the 
Growth or Produ£fion, and which lliall come direcEl- 
ly by Sea, and not otherwife) fliall be imported into 
England, i^c. upon the Forfeiture of all thrown Silk 
imported, contrary to this Acf. 

The Treafurer, Comptroller, Sur- 
veyor, Clerk of the Afls, and Com- i Geo. I. C. 
miflioners of the Navy, or one of them, 25. S. 5. 
on Oath of one Witnefs, that his 
Majefty's Stores, i^c. are conveyed into any Ship, 
being at Anchor, and not ready to fail that Tide, 
within any of the Roads, Harbours, i^c. in his Ma- 
jefty's Dominions, may authorize any Perfons by 
their Warrant, (in which the Quantity and Quality 
of fuch Goods fliall be fpecified) in the Day-time, to 
go on board fuch Ship, yr. and in cafe of Refif- 
tance, to break open the Hatches, i^c. and fearch tor 
fuch Goods, ijc. and feize the fame for his Majefty's 

Ufe, 



0/ S H I P S, ^c. 



Ufe, unlefs the fald Officers and CommilTioners 
{hall find upon hearing the Matter, that they were 
unduly feiied, and thereupon reftore them to the 
Party. 

,_ p In cafe the Mafter of any Ship fhall 

St 2 S bring into this Realm from /n'/ri/7(/, the 

2 ' Jjle of Man, Jcrfcy, Gunnjey, or Scilly, 

or any of the foreign PLintatijm, any 
Rogue, Vagabond, or Beggar, or any Perfon likely 
to live by begging, being a Native of any of the faid 
Iflands or Planlations, and the Perfon fo brought 
over fliall be apprehended wandering and begging, 
or otherwife mifordering himfelf as aforefaid, fuch 
Mafter, i^c fhall forfeit 5/. for every Rogue, i^c. 
over and above fuch Money, as fliall be neceffary to 
defray the Charges, that any Conllablc fhall be put 
to, by means of apprehending and re-conveying the 
Perfon j and the Conllable or other Officer of any 
Parilli, where any Perfon fo brought over fhall be 
found wandering and begging or mifordering him- 
felf, may caufe him to be apprehended, and openly 
whipped, and after put on board any Ship, to be fet 
on fhore in the Place from whence he was brought, 
paying for the PafTage back of fuch Perfon, fuch Rate 
as the Juftices at their Quarter-Seflions fhall appoint; 
and in cat'e fuch Conrtable, i^fc. fhall upon Oath 
make appear before any Juftice of Peace, what Ex- 
pence he hath been put to upon fuch Occafion, it 
fhall be lawful for fuch Juflice by Order to dire£t 
the Payment of the Money fo expended, as alfo the 
Penalty of 5/. and in cafe fuch Mafter, yc. of the 
Ship fhall neglect to pay the Monies upon Demand, 
it fliall be lawful for fuch Juftice by Warrant to le- 
vy the fame by Diftrcls, and Sale of the Ship, or any 
Goods within the fame, while remaining within the 
Jurifdidion of fuch Jultice ; and if the Mafter or the 
Ship, fliall be gone out of the JurifdiSion, &c. the 
faid Order of the Juftice may be removed by Certi- 
orari into the Queen's Bench, and being filed, the 
Judges are required to dire£i Procefs for arreftiiig 
the Ship, and detaining the fame, until the Monies 
mentioned in fuch Order, together with the Charges 
of fuch Procefs be fatisfied, or otherwife to award 
Procefs for levying the Money by capids, fieri fa- 
cias, or elegit, againfl: the Mafter or Owners of the 
Ship, as the Court ftiall ihink proper. 

Provided that in Cafe fuch Mafter 
Diuo, S. 25. or Owners, ftiall in tiie faid Court 

ftiew any probable Ground of Grie- 
vance by the faid Order, they may be admitted to 
traverfe the fame, giving Security in the Penalty of 
50/. to anfwer the Ci.fts of fuch Traverfe, in cafe it 
be determined againft them. 



57 

All Mafters of Ships bound for Ire- 
land, the Ifles of Man, Jerfey, Guern- Ditto, S. 26. 
fy, or Scilly, fliall upon Warant to 
them direfted of a Juftice of Peace of the County, 
y^. where fuch Ship fhall lie, take on board fuch 
Vagrants, as fliall be named in the Warrant, and 
convey them to fuch Place in Ireland, the Ifle of 
Man, Jerfey, Guernfey, or Scilly, as fuch Ship fliall 
be bound to, or arrive at ; and for the Charges there- 
of, the Conftable, or the Perfon who ferveshim with 
the Warrant, fhall pay him fuch Rate, as the Quar- 
ter-Seflions fliall appoint, and fuch Mafter fliall on 
the Back of the Warrant, fign a Receipt for the 
Money, and alfo for the Vagrants; which Warrant 
fliall be produced to the Juftice who figned the fame, 
and upon his Allowance thereof under his Hand, the 
Money fliall be repaid by the County; and every 
Mafter of fuch Ship, negle6i:ing to receive or tranf- 
port fuch Vagrants, or to endorfe fuch Receipt, fliall 
forfeit 5/. to be levied by Diftrefs, or Sale of the 
Ship, or any Goods within the fame, by Warrant of 
any Juftice of Peace for the fame County, i^e. 
Cmfirmed by 13 Geo. II. />. 478, and 479. 

Mafters of Ships knowingly im- , 

porting foreign cut Whale-Fins, or 4 and 5^««. 
Whale Bone, fliall forfeit 50/. ^c. ^' '^' "' ''• 

No Perfon flial! export out of Eng- 
land, Wales, or Berivick, or from the i z Car. II. C. 
Ifles of Jerfey, or Guernfey, with Sark 32. S. 2. 
and Alderney, (being under the Go- 
vernment of Guernfey) or out of Ireland, into any 
Parts out of the Dominions aforefaid, any Sheep, or 
Wool, of the Breed or Growth of England, or Ire- 
land, or Dominion aforefaid, or any Woolfels, 
Mortlings, or Shorlings, or any Yarn of Wool, or 
any Wool-flocks, Fuller's Earth, or Fulling Clay; 
nor fliall pack or load, upon any Horfc, Cart or Car- 
riage, or lay on board any Ship or Veflel, any fuch 
Sheep Wool, i£c. to the Intent to export the fame. 

No Wool, Woolfels, Mortlings, 
Shorlings, Yarn of Wool, Wool- Ditto, S. 3. 
flocks. Fuller's Earth, or Fulling 
Clay, fhall be exported out of England, Wales, or 
Ireland, unto the Ifles of Jerfey, or Gucrnfeyi, Sark, 
or Alderney, except as in this Ad (hall be appoint- 
ed. 

All Oflences aforefaid fliall be fub- 
je6t to the Penalties following, viz. Ditto, S. 4. 
the Sheep, Wools, CsV. fliall be for- 
feited, and every Offender fliall forfeit 20/. for every 
Sheep, and 3/. for every Pound of Wool, Woolfels, 
Mortlings, Shorliiigs, Yarn of Wool, WooI-FIocks, 
Fullers-Earth, or Fulling-Clay; and the Owner; 
i of 



c8 



0/ S H I P S, 



03) C. 



of the Veffels knowing fuch OffL-nce fhall forfeit all 
their Intereft in the Ships, and the JMiiller and A'la- 
riners knowing fuch Ofl'ence, and willingly afTiHing 
thereunto, fliall forfeit all their Gootis, and have 
Imprifonment three Months. 

If any Perfon fhall tranfport any 
Ditto, S. 5. Sheep, Wool, l^c contrary to this 

Act, and be thereof convifted, he 
fhall be difabled to require any Debt or Account of 
any FaQor or others, for any Debt or Eflate, be- 
longing to fuch Offender, provided that this hdt 
ihall not take away any greater Penalties inflicted by 
any former A61. 

Every Offence contrary to this hSi, 
Ditto, S. 6. may be inquired of, heard and deter- 
mined, in the County where fuch 
Sheep, Wool, iSc fhall be packed or laid on board, 
or in the County where fuch Offenders fhall be appre- 
hended for fuch Offence. 

_. „ No Perfon fhall be impeached for 

* ■ ' ' any Offence aforefaid, unlefs fuch Per- 
fon be profecuted, within one Year next enfuing 
fuch Offence. 

It ■fhall be lawful for any Perfon to 
Ditto, S. 8. feize to his own Ufe, and to the Ufe 
of the King, all fuch Sheep, Wool, 
I3c. as he fhall difcover to be laid on board, in any 
Ship or Boat, or to be laid on fhore near the Sea or 
any navigable River, to the Intent to be exported ; 
and fuch Perfon as (hall feize any fuch Sheep, Wool, 
Ifc. fhall have the Moiety thereof. 
Ditto S Such Perfon as fhall make any fuch 

Seizure, (hall not be admitted to give 
Evidence upon his Oath, againfl: any Perfon indit- 
ed by Virtue of this kOi. 

Ditto S ic Every Ship or Boat, whereof any 

Alien born, or any natural born Sub- 
je£ts, not inhabiting within the Realm, (hall be 
Owner or Part-Owner, and wherein any Sheep, 
Wool, yr. (hall be fhipped contrary to this A6t, fhall 
be forfeited to the King. 

This Ai3: fhall not extend to any 
Lamb-Skin ready dreffed, fit for Lin- 
ings. 

This A£l fhall not extend to the 
tranfporting of any fuch Woolfels, or 
Pelts with Wool i-pon them, or to any Beds (luffed 
with Florksj which (hull be employed in any Ship 
for neceliaiy Ufe, about the Ordnance, or other 
Thing, or for the Ufe of the Perfons in fuch Ship, 
and which fhall not be fold in foreign Parts ; nor to 
the exporting of any Wether Sheep, or of the Wool 



Ditto, S. II. 



Ditto, S. 12. 



growing upon any fuch, for the Food of the Cont- 
pany or Paffengers. 

This kSt fhall not extend to any 
fuch Wool to be exported from the Ditto, S. 13. 
Port of Southampton, unto the Ifles of 
yrrfl'f and Gucrnfey, for the \}{& of the Inhabitants 
of thofe Ifles, fo as fuch Perfons as fhall Ihip fuch 
Wool, do before the Shipping deliver unto the Cuf- 
tomer, Comptroller, Surveyor, or Searcher, of the 
Port of Southampton, a Writing under the Seal of the 
Governor of the fame Ifles, which fhall exprefs that 
the Party is authorized to export fo much Wool, ex- 
preffuig the Number of the Tods, to the fame Ifle, 
to be ufed in one of the fame Ifles, or in fome of 
the Members of the fame, and that fuch Party hath 
entered into Bond to his Majefly's Ufe, for the land- 
ing the Wool in that Ifle. And the Quantity of 
Wool to be exported into the faid Ifles in one Year, 
to begin from the iff of "January, may not exceed the 
Quantity here under fpeci(ied, viz. to 'Jerfey two 
thoufand Tods of unkembed Wool, and to Guernfey 
one thoufand Tods of unkembed Wool, and to Al~ 
derney two hundred Tods, and to Sark one hundred 
Tods, every Tod not exceeding thirty-two Pounds. 
Confirmed by 13 Car. II. Cap. 14. And granted thai 
one thoufand Tods for Guernfey, tiuo thoufand 
for Jerfey, tivo hundred for Alderney, and one 
hundred for Sark, may be exported more than by 
this A£l, by that of i Will. andMzv. St. I. r. 32. 
S. 14. 
No Wool (hall be fhipped from Ire- 
land, but from Dublin, IVaterford, 
Toughall, Kingfale, Cork, and Drog- 
hcda. 

If any Owner of any Ship, or any 
Mafter or Mariner, knowing of the 
Exportation of any Sheep's-wool, Woolfels, Mort- 
lings, Shorlings, Yarn of Wool, Wool-Flocks, Ful- 
lers-Earth, Fulling-CIa}', o,- Tobacco-pipe Clay, con- 
trary to the Afts, fliail within three Months after 
the Knowledge thereof, or after his Return into 
England, Ireland, Berwick, or Wales, give the lirft In- 
formation before any of the Barons of the Exchequer 
in England or Ireland, or bf fore the Head Officer of 
any Port where he (hall fnt arrive, upon Oath, of 
the Number and Quantilv of fuch Sheep's-wool, 
Woolfels, iSc. fo exported, and by whom, where, 
and in what Ship, and tin il be ready, upon Warn- 
ing by Procefs, to juflify the fame ; fuch Owners, 
Mafter, or Mariners, (hail not be liable to any of the 
Penalties. 

Continued 



I mil. and 

Mar. St. Cap. 
32. Seft. 6. 

Ditto, S. 8. 



0/ S H I P S, &>€. 



59 



Csntinued indsfinitrly by 7 Will. III. Cap. 28. zvljich 
is continued indefinitely, h 9 Will. III. Cap. 40. 
The Aa i 'Will, and Mar. Cap. 32. 
7 and 8 Will. flia" continue. 

III. Cap. 28. it fiiail be lawful for any Perfon 

S. 3. from the Places in the faid A£t limit- 

Ditto, S. 5. ed, to import into England, from Ire- 
land, any Quantities of Wool, to the 
Ports hereafter-mentioned, viz. Whitehaven, Liver- 
poole, CheJIer, Brijlol, Bridgwater, Minehead, Barn- 
Jiable, and Biddefard, and to no other. 

All Certificates given for the land- 
Ditto, S. 7. ing of Wool from Ireland, or from 
one Port to another in England, fhall 
be written upon Paper, not Parchment, and the 
Quantities (hall not be obliterated or interlined. 

No Ship fliall export any Wool, or 
Ditto, S. 8. any other of the Commodities afore- 

faid, under Forfeiture of the Com- 
modities and "\'eni;l, and treble the '\''alue, with tre- 
ble Cofts; and the Inhabitants of the Hundred, Port, 
or Place exempt, next adjoining to the Sea Coafts, 
out of, or thro' which, any Wool, or other of the 
Commodities aforefaid, fhall be fo exported, iliall 
forfeit 20/. if the Wool be under the Value of 10/. 
but if it be of greater Value, then treble the Value 
thereof fo exported, as alfo treble Cofts. 

All Perfons who fhall be affiiling in 
Ditto, S. 10. carrying or exporting any ot the laid 
Commodities out of this Realm (be- 
ing convicled) fhall fuffer three Years Imprifonment, 
and the Owner of the Wool, Wc and every Perfon 
afllfting in carrying or exporting of them, fhall anfwer 
treble the Value of fuch Penalties, which fuch Inha- 
bitants fhall be fo charged with, as alfo treble Cofts. 
For preventing the Exportation of 
Ditto, S. 14. Wool, i£c. the CommilTioners for ex- 
ecuting the Office of Lord High Ad- 
miral, fhall appoint one Ship of the fifth Rate, and 
two Ships of tlie fixth Rate, and four armed Sloops, 
conftantly to cruize from off the North Foreland to 
the IJle of Wight, with Orders for feizing all VefTels 
which fhall export Wool, l^e. 

Continued indefinitely by 9 W^ill. 3. Cap. 40. 

No Perfon fhall export from Ireland 
10 and II into any Places, other than the Parts 

WV//. lit. Cap. within England or Wales, any Wool, 
'°- S. 1. Woolfels,Shorlings,Mortlings, Wool- 

Flocks, Worfted, Bay or Woollen 
Yarn, Clolh, Serge, Bays, Kerfeys, Says, Frizes, 
Druggets, CIoth-!'erges, Shalloons, or any other 
Drapery S1U1T5, or Woollen M.mufiiSures, made up 
or mixed with Wool, or Wool-Flocks, or ihall load 



upon any Horfe or Carriage, or lay on board any Ship 
in any Place of Ireland, any fuch Wool, &e. to the 
Intent to export the fame, except as aforefaid. 

All Offenders aforefaid fhall be fub- 
jeiS to the Penalties following, viz. Ditto, S. 2, 
the Wool, yr. fhall be forfeited, and 
the Offenders fhall forfeit 500/. and every Ship or 
Bottom, wherein any of the faid Commodities fhall 
be fhipped, or laid on board, fhall be forfeited; and 
the Mailers and Mariners, or any Porters, or other 
Perfons, knowing fuch Offence, and affifling therein, 
fhall 'orfcit 40/. y 

It fhall be lawful for any Perfon to Ditto, S. 4. 
feize and convey to his Majefly's next 
Warehoufe, all fuch Wool, i^c. as he fhall difcover 
to be laid on board any Ships ; and it fliall be lawful 
for any Perfon to feize every fuch Ship, wherein any 
of the faid Commodities fhall be fliipped contrary to 
this A5f. 

For every Ship which fliall fail from Ditto, S. 5. 
Ireland, in order to export any of the 
Commodities aforefaid, to this Kingdom, Bond fliall 
be given by two known Inhabitants, of, or near the 
Place, to the chief Officers of the Cufloms belong- 
ing to the Fort in Ireland, in double the Value of the 
Goods, before the Ship fhall be permitted to lade any 
of the Commodities aforefaid, with Condition, that if 
the Ship fh.-ill take on board any of the faid Goods in 
Ireland, all the faid Goods fhall be brought by the 
fame Ship, to fome Port in England or Wales, and 
fhall there unlade the fame, and p.ay the Duties 
thereof (the Danger of the Seas excepted) and every 
Ship which fhall lade any of the faid Goods, until 
fuch Bond be given, fhall be forfeited as aforefaid. 

All fuch Goods exported from Ire- 
land, into this Kingdom, or Wales, Ditto, S. 10. 
fhall he fhipped off at the Ports of 
Dublin, Wateiford, Toughall, Kingfale, Cork, and Drog- 
beda, and from no other Port ; nor fliall be import- 
ed into any Parts of England or Wales, other than 
Biddeford, Barnflable, Minehead, Bridgwater, Briflol, 
Milford-Haven, Chefler, and IJverpoole. 

See I Will, and Mar. 6"/. I. Cap. 32. Scd. 6. and J 
and 8 Will. III. Cap. 28. Se^i. 5. 

It fhall be lawful to import from Ditto, S. 14. 
any of the aforefaid Ports in Ireland, 
any Wool, &e. into f ich Ports of this Kingdom as 
aforefaid, fo as Notice be firfi: given to the Cuaimif- 
fioners of his Majefly's Cufloms in this Kingdom, or 
to the Cuflomer or Colletlor, in the Port to which 
the fame is to be brought, of the Quantity, Qualitv, 
and Package, v.'ith the Marks and Numbers thereof, 
the Name of the Ship and Marter, and the Port 
I 2 into 



6o 



0/ S H I P S, &' 



into which they are to be Imported, and fo as Bond 
be fiift entered into, to the life of his Majefty, with 
one or more Sureties, in treble the Value of the 
Goods, that the fame fhall (Dangers of the Seas ex- 
cepted) be landed accordingly, and fo as a Licence 
be firll taken, under the H.uids of the Commiffioners 
of the Cuftoms, or from tiie Cullomerbr Collector, 
where fuch Bond is given for the Landing thereof, 
which Licence they are to grant without Fee. 

All Wool, Ships, or Boats, fo feized. 
Ditto, S. 17. fhall be forfeited, and fuch Wool fliall 
be lodged in the King's Warehoufe, 
in fuch Port where it ihall be feized, or into which it 
(hall be brought, and being condemned, fliall be ex- 
pofed publickly to Sale after twenty-one Days No- 
tice being given in writing at the Cuflomhoufe of the 
Port, and on the Royal-Exchange of London, by Inch 
of Candle to the beft Bidder ; and all Ships that fliall 
be condemned as aforefaid, fliall be expofed to Sale 
in like manner, l^c. 

No Wool, Wf. of the Produft or 
Ditto, S. 19. Manufacture of any of the Englijb 
Plantations in America, fliall be laden 
on board any Ship, in any of the Englifh Plantations ; 
as likewife no fuch Wool, i^c. being of the Product 
or Manufacture of the Englifj Plantations in America, 
fliall be loaden upon any Horfe or Carriage, to the 
Intent to be exported, or conveyed out of the faid 
Plantations to any other of the faid Plantations, or 
to any other Place, upon the like Penalties upon eve- 
ry Offender, as are provided by this Ad for the like 
Offences in Irdaitd, &rc. 

Perfons who fliall be guilty of any 
Ditto, S. 20. Offence, contrary to any A£l of Par- 
liament made for preventing the Ex- 
portation of Wool, may be profecuted in any of his 
Majefty's Courts at Wcjhninjler, and a Capias fhall 
iflue the firft Procefs, fpecifying the Sum of the Pe- 
nalty, and fuch Perfons fliall give good Bail, by na- 
tural born Subjects or Denizens, to appear in the 
Court at the Return of fuch Writ, and fliall likewife 
give Bail by fuch Perfons as aforefaid, in Court, to 
an/iver the Penalties in cafe they be convidt, or to 
yield their Bodies to Prifon. 

All A£lions and Informations which 
3 Geo. I. Cap. fli-'^ll l^e profecuted, by Virtue of any 
21. S. 5. Act, for preventing the Exportation of 

Wool, or Vvoollen Manufactures from 
Ireland, fliall be tried in any of the four Courts at 
Dublin, by a Jury of Freeholders, to be fummoncd 
out of any other Countv, tlian that wherein the Fa<St 
was committed ; and the firft three who have been 
affifting in CAporting of Wool and Woollen Com- 



C. 



modities, who fliall inform any Jiiftice of Peace 
thereof, whereby the Punifhment may be infli<5ted, 
fuch Difoverer (not being the Owner or Part-Ovvner 
thereof) fhall not fuffer any of the Punifhment. 

If any Perfon fhall be in Prifon 
for want of Bail, for unlawful Expor- 4 Geo. I. Cap. 
tation of Wool or Wooltels, and fhall i '■ S. 6. 
refufe to appear, or plead to a Decla- 
ration or Information delivered to fuch Perfon, or 
to the Gaoler, or Turnkey, by the Space of one 
Term, Judgment fhall be entered againft him by 
Default; and in cafe Judgment be obtained againft 
any fuch Perfon, and he fliall not pay the Sum re- 
covered within three Months after entering up of 
fuch Judgment, the Court fliall by Order caufe fuch 
Offender to be tranfported in the fame manner as 
Felons, for feven Years ; and if fuch Offender fliall 
return into Great-Britain or Ireland, before the Expi- 
ration of the feven Years, he fliall fuffer as a Felon 
without Benefit of Clergy. 

The like Provifion made for pre- 5 Geo. I. Cap. 
venting the Exportation of Wool, in ••• S. 14. 
I Will, and Mar. St. i'. Cap. 32. is di- 
refted to extend to Woolfels, A-Iortlings, Shorlings, 
Yarn of Wool, Wool-Flocks, Fullers-Earth, Ful- 
ling-Clay, and Tobacco-pipe Clay, carried Coaftwife. 
All fuch Wool, and other the Com- jjjm, g 21 
modities mentioned in 10 and ii M'^ill. 
3. Cap. 10. which fhall be carried or laid on Shore 
near the Sea or any navigable River, to the Intent to 
be exported out of Ireland, contrary to that A£t, fhall 
be forfeited, and the Offenders fliall be liable to the 
like Penalties, as Perfons by that AQt are fubjeCt to 
for exporting of Wool, iSc. 

The Commiffioners for executing 5 Geo. II. Cap. 
the Office of Lord High Admiral of z'- S- i- 
Great-Britain, fhall appoint three Ships 
of the fixth Rate, and eight, or more, armed Sloops, 
conftantly to cruize on the Coaft of Great-Britain 
and Ireland, with Orders for feizing all Veffels in 
which any Worfted, Bay or Woollen Yarn, or any 
Drapery Stuffs, or Woollen Mannfa£tures, made up, 
or mixed with Wool or Wool-Flocks, fliall be ex- 
ported or laden from Ireland into foreign Parts, iSe. 
See 10 and 11 Will. III. Cap. 10. Set!. 16. 
It fliall be lawful for the Commander 
of every fuch Ship and Sloop,Vvithin the Ditto, S. 2. 
Limits of the Station affigned to fuch 
. Ship or Sloop, to enter and fearch any VeflTel ; and 
if any of the faid prohibited Commodities be found 
therein, and the Maffer of fuch Veffel fliall not im- 
mediately produce a Cocket or Warrant, licenfing 
the Exportation thereof, to feize fuch Veffel, and to 

carry 



Of SHIP S, 



be. 



6r 



carry t'le ^:ime with tbe Crew and Cargo, into any 
Port in Great-Britain or Ireland. 

Every inch Veflel, and all the faid 
Ditto, S. 3. prohibited Commodities found there- 
in, fliall be forfeited, and the faid 
prohibited Goods fliall be lodged in the King's Ware- 
Iioufe, in fuch Port into which fiich VefFel fliall be 
carried, until it be condemned ; and being con- 
demned, fliall be expofed to Sale after twenty-one 
Days Notice in writing, affixed upon the Cuftom- 
houfe of the Port, by Inch of Candle, to the befl 
Bidder ; and every fuch Veffel fhall, after Condem- 
nation, be expofed to Sale in like manner, ye. 

This A£t fhall not make void any 
Ditto, S. 7. other Penalties inflitled by any former 
Law upon the Exportation of Wool 
and Woollen ManufaSures. 

All Wool, and Woollen or Bay 
12 Geo. II. p. Yarn, Woolfels, Shorlings, Mort- 
438. lings, Wool-Flocks, Worfted, Yarn, 

Cloth, Serge, Bays, Kerfies, Says, 
Frizes, Druggets, Cloth-lerges, Shalloons, Stuffs, 
and other Draperies and Woollen Manufaftures, or 
mixed with Wool, or Wool-Flocks, which fhall be 
exported from Irelami after the ift o( A'lay, 1740, 
into the Ports of this Kingdom hereafter mentioned, 
fhall be fhipped off, and entered at the Ports of Dub- 
lin, Waterjord, 1 ougball, Kingfale, Cork, Drogheda, 
Nevj-Rofs, Newry, Wexford, tVicklozv, Sligoe, Lime- 
rick, Galvoay, and Durtdalk, in the faid Kingdom of 
Ireland, and from no other Port or Place ; nor iliall 
the fame be imported into any Parts of this King- 
dom, other than the Ports of Biddeford, Barnjlaple, 
Minehead, Bridgwater, Briflol, Milford-Haven, Cbef- 
ter, and Liverpoole, in the fame manner as if the faid 
Ports of Nevjry, Wexford, Wieklow, Sligoe, Limeriek, 
Gal'vay, and Dimdalk, had been particularlv named 
for Exportation of the" faid Goods, in the A6i: 10 and 
1 1 Will. III. intitled. An Aa to prevent the Exporta- 
tion oj Wool out of the Kingdom of Ireland and Eng- 
land, and for other Purpofes therein mentioned. 
See the faid kOi, Seft. 10. 

After the 25th of December, 1739, no Wool, or 
any of the faid Goods, fhall be loaden on board any 
Ship or Boat in Ireland, or imported from thence in- 
to this Kingdom, but in fuch Vefiels or Boats as (hall 
be of the Built of Grert-Britain or Ireland, and 
wholly owned and manned by the SubjeSs of this 
Kingilom, or Ireland, and duly regiiTered in the man- 
ner hereafter mentioned, under the Penalty of the For- 
feiture of the faid Cioods, or the Value thereof, and of 
the V-elTel or Boat in whi'-h the fame liall be laden, 
together with all her Ammunition and Furniture, 



After the 25th of Deeenibcr, 17-59, p. 439. 
no Siiip or Vefiel fhall pafs as a Ship 
of the Built ot Great-Britain or Ireland, fo as to be. 
qualified to take on board in any of the Ports of Ire- 
land, appointed for that Purpofe, any Wool, or 
other the Species before-mentioned, in order to im- 
port the fame into the Ports of Great-Britain, in this 
A£t appointed for that Purpofe, until the Perfons 
claiming Property in the faid Ship, fliall regifter the 
fame as followeth, viz. Proof fhall be made upon tlie 
Oath (or Affirmation, in cafe the Pcrfon be a Qua- 
ker) of one or more of the Owners, before the Col- 
Icflor and Comptroller of the Cuftoms, in fuch Port 
of Great-Britain or Ireland, refpeftively, to which 
fuch VefTel fhall belong; which Oath or Affirmation, 
the faid Officers are authorized to adminifter in the 
Tenor following. 

T A. B. do make Oath (or being a ^caker, do folemn- 
■* ly affirm) that the Ship of 

ivhereof 
is at pre fen t Mafler being 

built of Tons, was built at 

in the Tear and that 

of and of 

are at prefent Oivners thereof; and 

that fto Foreigner, dire^ly or indirectly, hath any Share 

Part, or Interefl therein. 

A Certificate of which Oath or Affirmation, al- 
tefted by the Colleftor and Comptroller of the Cuf- 
toms, who adminiftered the fame, under their 
Hands and Seals, fhall, after having been regiftered 
by them, be delivered to the Mafler of the Ship for 
the Security of her Navigation, a Duplicate of which 
Regifler fhall be tranfmitted to the Commiflioners 
of the Cufloms in t!ie Port of London, to be entered 
in the general Regilier, to be there kept by them for 
this Purpofe. 

No Ship's Name regiflered fhall be p. 440. 
afterwards changed, without regifter- 
ing fuch Ship again (which is likewife to be done 
upon any Transfer of Property to another Port) and 
delivering up the former Certificate to be cancelled, 
under the fame Penalties, and in the like Method as 
is before direfted : And in cafe of any Alteration of 
Propertv, in the fame Port, by the Sale of one or 
more Shares in any Ship, after regiflering thereof, 
fuch Sale fhall always be acknowledged by Endorfe- 
ment on the Certificate of the Regiffer before two 
WitnefTes, to prove that rhe entire Proiierty of fuch 
Ship remains to fome of the Subjefts of Great-B^-itj in 
or Ireland, if any Difpute arifes concerning the fame. 

After 



62 



0/ S H I P 



^c. 



After the faid 25th of December, 1739, no Cover- 
lids, Waddings, or other Manufafilure::, or pretend- 
ed Manufaclures, made of Wool, flightly ditched 
or put together, fo as the fame may be reduced to, 
and made ufe of as Wool again, or Mattreffes, or 
Beds (luffed with combed Wool, or Wool fit for 
combing, fliall be exported from Grrat-Brituin or 
Ireland, to Parts beyond the Seas, under the like Pe- 
nalties, which are by Law infli(5led on Perfons con- 
cerned in the Exportation of Wool. 

No Wool, Woolfcls, Mortlings, 

p. 44!. Shorlings, Wool-Flocks, Worded, 

Bay, or Woollen Yarn, fliall be pack- 
ed up in Great-Britain or Ireland, in any Box, Cheft, 
or other Package, but in Packs, or Truflc;s of Lea- 
ther or Canvafs, commonly called Pachloth ; and all 
fuch Packs or Truffes fliall be marked on the Out- 
fide, with the refpeaive Words WOOL, or YARN, 
in large Letters, not lefs than three Inches in length, 
under the Forfeiture of all fuch Wool, or other the 
Goods aforefaid, with the Package, and 3/. for every 
Pound weight thereof, to be paid by the Owner or 
Packer. 

No Wool, Woolfels, ye. Crewel, or Wool flight- 
Iv manufaftured as aforefaid, fliall, after the faid 25th 
of December, 1739, be put on board any Ship or 
Boat, bound to Parts beyond the Seas, or fliall be 
laden in order to be carried Coaflwife, or from one 
Port of Great Britain or Ireland, to another, unlefs 
Notice be firfl given to the Commiflioners of the 
Cuftoms, or the Colle6lor and Comptroller of the 
Port, from which the fame is intended to be export- 
ed, of the Quantity, Quality, and Package, toge- 
ther with the Marks and Numbers thereof, with the 
Name of the Ship and Marter, on which the faid 
Goods are to be laden, as like wife the Names of the 
Owners of the faid Goods, and the Places of their 
Aljode, and the Port into which the fame are intend- 
ed to be imported, and to whom configned; and un- 
lefs Bond be firft entered into, to the Ufe of his Ma- 
jefty, with one or more fufficient Securities, in tre- 
ble the Value of the Goods intended to be carried 
Coaflwife, that the fame fliall (the Danger of the 
Seas excepted) be landed accordingly, Notice where- 
of fliall be forthvvith tranfmitted by the Colleffor 
and Comptroller of the Port from whence the fame 
fliall be exported, to, the Colleftor and Comptroller 
of the Port, to which the fame is intended to be 
imported, and Entry made in the 

p. 442. manner required by this or any other 

Acl ; and unlefs a Licence be alfo 

Jfirft taken, under the Hands of the CommifTioners of 

the Cuftoms, or any three of them, or from the 



Colleflor and Comptroller where filch Bond is given» 
as aforefaid, which Licence they are to grant with- 
out any Charge to the Perfon demanding the fame; 
and all fuch Bonds fo entered into as aforefaid, fliall 
not be difcharged, but by producing a Certificate 
under the Hand and Seal of the Collector and Comp- 
troller of the Port in Great-Britain or Ireland, where 
fuch Goods were landed, fetting forth the Quantity, 
Quality, and Package, together with the Marks and 
Numbers thereof, with the Name of the Ship and 
Matter, out of which fuch Goods were landed ; and 
all fuch Bonds as fliall remain undifcharged after fix 
Months, fliall be tranfmitted to the Commiffionerj 
of the Cuftoms in Great-Britain, or the Commif- 
fioners of the Revenue in Ireland, who are to put 
them in Suit immediately : And if any Wool, Wool- 
fels, yi-. Crewels, or Wool flightly manufaflured, 
fliall be laden on board any Veflel or Boat to be car- 
ried Coaftwife, or from one Port to another, before 
fuch Bond entered into, and Licence taken out, as 
aforefaid, and before all the Diredlions of this and 
every other A.Q., made to prevent the Tranfportation 
of any of the Goods aforefaid, fliall be fully com» 
plied with, fo far as the fame relate to the Exporter 
or Proprietor of fuch Goods ; or if any of the faid 
Goods fliall be laden on board any VeflTel or Boat, 
bound to Parts beyond the Seas, then all fuch Goods, 
or the Value, fliall be forfeited, together with the 
Veffel or Boat, and ail her Ammunition and. Furniture. 

Nothing herein contained fliall extend to alter or 
leflen any other Security now required by Law for 
Goods carried Coaftwife, or to repeal any Law now 
in Force, made to prevent the Exportation of Wool, 
or any of the Commodities aforefaid. 

After the 25th oi December, 1739, p. 448. 

if the Mafter of any ^^ef^el employed 
in the clandeftine fixporting from Great-Britain or 
Ireland to Parts beyond the Seas, any Wool or other 
Goods before-mentioned, or in the clandeftine im- 
portmg from Ireland, any Woollen Cloth, Serges, 
Bays, or any other Drapery Stuff's, or Woollen Ma- 
nufactures, made and manufatlurcd in Ireland; or 
if the Mate, or any of the Mariners fhall give an 
Account in fix Months after Shipping or Exporting 
any of the Goods before-mentioned, to the Com- 
miffioners of the Cuftoms in England or Scotland, or 
the Commiflioners of the Revenue in Ireland, re- 
fpeftively, of the Nanii- of the Ship, and the Species, 
and Quantities of fuch Goods, fo clandeftinely ex- 
ported or fliipped for Exportation, together with the 
Names of the Owners, or Perfons who act in their 
Aid and AfTiftance, fo as they may be profecuted 
and convicted for fuch Offence ; fuch Mafter, Mate, 

or 



Of SHIP S, 



Mc. 



63 



or Mariner, fhal! not on!y be indemnified for fo do- 
ing, t".it ihall be rxquitted and difcharged from any 
Penalties they are by Lav/ fubjeti: to for fuch Offence, 
and lliall alfo receive three-fourth Parts of the For- 
feitures, clear of Charges, iSc. 

If anv Officer, or other Perfon that 
'^- '^-^'^- fhall ad in Aid of any Officer, in 

putting this Acf in Execution, fhall be obftrufled, 
wounded, or beaten, in feizing any Wool, ^c. ei- 
ther in the Day or Night-Time, by Land or Water, 
the Pcrfons who fhall fo obfl;ru6J:, i£c. or any Perfons 
who being armed with ofFenfive Weapons, or wear- 
ing any Mafk or other Difguife, fhall refcue, or at- 
tempt to refcue, any of the Goods aforefaid, which 
fhall be fei/ed l-y any Officer, and fhall be convifled 
of any of the faid Offences, iTiall be tranfported to 
fome of the Plantations in America, for fuch Term 
ns the Court, before whom fuch Offenders lliall be 
convifted, fhall think fit, not exceeding feven Years, 
in the fame Manner as by the A£t 4 Geo. I. For the 
further preventing Robberx, Burglary, and other Felo- 
nies, &c. and by another AQ. i Geo. \. for the pre- 
venting Robberies and other Felonies, and for the more 
fffeflualTranfportation of Felons, the Offenders there- 
in mentioned are to be tranfported to the faid Planta- 
tions ; and if any fuch Offenders fhall return to 
Great-Britain or Ireland, before the Expiration of the 
Time for which they fhall be tranfported, they fhall 
fuffer as Felons, without the Benefit of Clergy. 

Q ,. P No Coffee fhall be put on board any 

2 g' ■ ^' Ship in any of his Majefty's Plantations 
in America, until the Planter or his 
known Agent fhall make Oath, or Affirmation, be- 
fore two Juflices of Peace, that the fame is of the 
Growth of fuch Planter's Plantation, which Oath, 
l^c. ffiall be produced to the Collector, Comptroller, 
and naval Officer, by the Perfon who fhall enter fuch 
Coffee ; and fuch Perfons ffiall likewife make Oath, 
or Affirmation, before the faid Officers that the Cof- 
fee then to be ffiipped is the fame that is mfentioned 
in fuch Oath, i^c of the Planter; and the CoUeftor, 
and Comptroller, and Naval Officer, are required to 
deliver a Certificate of fuch Affidavit to the Com- 
mander of fuch Ship, on board which the faid Coffee 
is to be ffiipped, and the Mafler of fuch Ship ffiall, 
before clearing his Ship, alfo make Oath, that he has 
received fuch Coffee on board, and that he has no 
other Coffee on board than fuch, for which Proofs 
ffiall be made as aforefaid, and that he will not take 
any more Coffee on board before his Arrival in Great- 
Britain, and making a Report of his Lading there ; 
for which Affidavit and Certificate, the Colle6tor and 



Comptroller, or Naval Officer, ffiall receive 5/. and 
all Certificates of fuch Affidavit, ffiall by the Com- 
manderof fuch Ship be produced to the Colleftor and 
Comptroller of the Cuftoms, at the Port where fuch 
Ship ffiall unlade, and the Mafter ffiall deliver to fuch 
Colle£torand Comptroller, a Certificate of the Col- 
leQor and Comptroller of the Cuffoms and Naval 
Officer of the Place, where fuch Coffee ffiall have 
been ffiipped, or any two of them, teftifying the 
particular Quantities of fuch Coffee, and of which 
fuch Proofs ffiall be made, fpccifying the Package, 
with the Marks, Numbers, and Weights of each 
Package; and the Mafter fhall likewife make Oath, 
or affirm, that the Coffee in the Certificate was 
taken on board as in the Certificate, and that after 
his Departure he did not take on board any Coffee, 
and that all the Coffee on board his Ship is mention- 
ed in the faid Certificate ; and upon Entry of fuch 
Coffee at the Cuftom-houfe, and paying or fecuring 
the Duties, a Mark ffiall be fet on every Parcel; and 
thereupon fuch Coffee lliall be lodged in a Warchoufe, 
and the Importer ffiall deliver to the Collector the 
Certificate of the Affidavit of the Growth of the 
Coffee, together with the Oath, and the Oath, or a 
Copy thereof, made by the Planter ; as alfo the 
Certificate of the Package, Marks, arid Numbers of 
the Coffee. 

No Commander of any Ship ffiall jjjjfQ o 
take in at America or at Sea, or ffiall ' 

land in any of the fiud Plantations, any Coffee of the 
Growth of any foreign Country, except fuch as ffiall 
be exported from Great-Britain, on Pain of forfeit- 
ing fuch Coffee and 200/. and likewife twelve Months 
Imprifbnment. 

If any Perfon ffiall falfely make jj- ^ 
Oath or Affirmation, by this A6t di- ' ' ^' 

reeled, and thereof be conviftcd, CJ'r. fuch Perfon 
ffiall forfeit 200/. and be imprifoned twelve Months; 
and if any Perfon ffiall forge a Certificate of the faid 
Oath or Affirmation, or ffiall publiffi fuch Certifi- 
cate, knowing the fame to be forged, and be convift- 
ed in any of his Majefly's Courts, fuch Perfon ihall 
forfeit 200/. 

This A6t fhall continue to the 25th j^. g , 
oi March 1739, and to the End of ' 

next Seffion of Parliament. 

Farther continued for feven Tears, and to the End of 
next SeJJton of Parliament by 1 1 Geo. II. Cap. 
18. and farther continued for feven 7 ears, and to 
the End oj the next Seffion of Parliament by ig Geo. 

n. p^iz. 

Enabled, 



64 



0/ S H I P 



&> 



c. 



12 Geo. II 
P- 55'. 55 
553- 



Enabled, that the kSis I2, 15, and 
25 Car. II. fo far as the, fame extend 
to Sugar of the Growth and Produce 
of his Majefty's Plantations in Atne- 
rica, being one of the Commodities enumerated in 
the faid Acl?, fhall be ratified and confirmed in all 
Refpects whatfoever, except only as to fiich Sugars 
as by this Act fliall be permitted to be exported from 
the faid Sugar Colonies, by fuch Perfons, in fuch 
Ships, to fuch foreign Countries, and under fuch Re- 
gulations, as are herein defcribed and appointed for 
that Purpofe. 

After 29 September 1739, any of his Majefty's 
Subjetts, in any Veffel built in Great-Britain, and 
navigated according to Law, and belonging to any 
of his Majefty's SubjeQs, of which the major Part 
(hall be refiding in Great-Britain, and the Refidue 
refiding either in Great-Britain or fome of the faid 
Sugar Colonies, and not elfewhere, that fhall clear 
outwards in any Port of Great-Britain for any of the 
faid Colonies, may load in the faid Colonies any 
Sugars of the Growth and Manufacture of the faid 
Colonies, and may carry the fame to any foreign Part 
oi Europe, provided a Licence be firfl: taken out for 
that Purpofe, under the Hands of the CommilTioners 
of the Cuftoms at London or Edinburgh, fubje(9: to the 
Regulations, and on the Conditions hereafter men- 
tioned, iiiz. that Notice be firfl: given by the Rlafter 
in Writing, or one of the Owners of fuch VelTel, 
to the Collector and Comptroller of the Port where 
fuch Veffel happens to be, of the Intention of fuch 
Mafter or Owner, that fuch Ship (hall proceed to 
fome of the faid Sugar Colonies, to lade Sugars to be 
carried to fome other part oi Europe than Great-Bri- 
tain ; and that fuch Mailer or Owner fhall enter into 
Bond, to the Ufe of his Majefty, with 
P' ''''"" one or more I'ufiicient Securities, in the 

Sum of 1000/. if the Ship be of lefs Burthen than 
100 Tons ; and in the Sum of 2occ/. if (he be of 
that, or greater Burthen ; with Condition, that in 
Cafe a Licence be granted to carry Sugars from the 
(aid Sugar Colonies to foreign Parts, fuch Ship fhall 
proceed from Great-Britain to the faid Colonies, and 
fhall deliver the faid Licence to the Naval Officer 
there, in cafe he intends to make Ufe of the Liberty 
granted by fuch Licence, which he ftiall declare in 
Writing, to the Naval Officer, before he takes any 
•Goods- on board ; and that in fuch Cafe, no Tobacco, 
■-Molajfes, Ginger, Cc'tcn-wool, Indigo, FiiJlieJ;, of 
•et+ier dying Wood, Tar, Fitch, Turpentine, Hemp, 
Mop,!, Tards, Bozvjprils, Copper-Ore, Bea'Vdr.-Skins, 
«or other Purrs, of the Growth and Manufacture of 
any i?r////Z' Pianlation in America, fliall be taken oq 



board fuch Ship, unlefs for the necelTary Prrvifions 
in her Voyage ; and that fuch Ship, before (he pro- 
ceeds to any foreign Port, fhall touch at fome Port 
in Great-Britain, and that the Mafler or Commander 
fhall deliver to the CoIle6lor and Comptroller of fuch 
Port, a new Manifell, attefted upon Oath (or if a 
Quaker by Affirmation) of the Lading, mentioning 
the Marks, Numbers, Package and Contents of all 
the Goods on board ; and fhall alfo bring back the 
faid Licence, with a Certificate endorfed or affixed 
thereto, containing an Account of the Marks, Num- 
bers, Package, Contents, and Sorts of Sugars on board 
fuch Ship, in the Manner hereafter directed ; and that 
when fuch Ship hath difcharged her Lading (the Dan- 
ger of the Seas and Enemies excepted) 
fhe fhall return to GrM/-Sr/7rt/?.', within p. 553. 
eight Months after flie has delivered 
her Lading in anv foreign Part, and before fhe re- 
turns to any of the Plantations in America ; and that 
in cafe fuch Veffel fhall take on board any Merchan- 
difes before her Return to Great-Britain, all fuch 
Merchandifes that fhall remain on board the faid 
Ship on her Arrival in Great-Britain thall be entered 
and landed, in like Manner as other Ships importing 
Goods into this Kingdom are obliged to do by the 
Laws of the Cuftoms, or otherwife fuch Bond flaall 
be forfeited. 

Upon fuch Bond being entered into, and the other 
Requifites being duly complied with, a Licence (hall 
be granted accordingly, giving Liberty lor that 
Voyage only, to carry Sugars of the Growth of the 
faid Sugar Colonies, to anv foreign Part, in the Man- 
ner and according to the Intention of this Att ; but 
no Ship (hall have Licence to carry Sugars to foreign 
Parts, unlefs it firft appear by Oath (or Affirmation) 
of the Mafter, that the Property thereof is in his 
Majefty's Subjects, of which the major Part are re- 
fiding in Great-Britain, and the Refidue either In 
Great-Britain or in fome of the faid Sugar Colonies, 
and not elfewhere ; fuch Oath or Affirmation to be in 
the Form hereafter mentioned, viz. 

^ Tl tnaketb Oath (or folemnly declares and 

j\» 1I>« affirms) that the (Ship or Veffel) called 
the (Name) vjhereof he (this Deponent or Affirmant) 
is Mailer, and bath the Charge and Command far this 
prefent Voyage to (Place bound to) being (defcribe the 
built) (Ship or Veffel) of the Burthen of (Number) 
Tons, 'jjas built at (Place) in the Tear (time when) and 
■that the faid (Hhip or Vefel) is vjholly o-wned by the (Per- 
fon or Perfons) luhofe (Name or Names) and ufual 
(PidK x,r Places) oj Abode (is or are ) under-mentioned 

and 



0/ S H I P S, S?<r. 



6S 



, and dcfcrlBed by this Deponent or Af- 

P* 5 5 • Jjrmant ; that fiich (Owner or Owners) 

(is or are) 'his Majejiy's Britifh (Subjed or Subjeiis) 
and that no Foreigner, direfily or indireSily, hath any 
Share, Part or Intercji in the /aid (Ship or Vejfel) to 
the heft of this (Depotient^s or Affirmant'' s ) Knowledge 
or Belief; and that he, this (Deponent or Affirmant) 
and three-fiurths of the Mariners navigating the faid 
(Ship or Vejfel) are his Majefffs Britifh Subje^s. 

If any Veffel licenfed by Virtue of this kSi, fhall 
take on board in any of the Sugar Iflands, or in her 
Voyage from thence, any Sugars or other Goods, 
being the Property of any other Perfon, than foma 
of his Majefty's Subjefts, and fuch as fhall be laden 
on their proper Rifque and Account, to be carried 
to foreign Parts, the fame fhall be forfeited. 

Before any Sugar be put on board any Veffel at 
the faid Colonies, to be carried to any foreign Port 
in Europe, the Mafter (hall deliver to the Colleftor 
of the Port where fuch Ship is to take in her Lading, 
the faid Licence, figned by the Commiflioners of the 
Cuftoms, and a Certificate of fuch Bond having 
been given in Great-Britain as aforefaid, and fhall 
declare in writing to the CoUeftor, whether he in- 
tends to load any Sugar purfuant to fuch Licence, 
which fhall be done before any Goods are laden on 
board fuch Vefl'el, otherwife fuch Licence fhall be 
of no Force ; but if it be declared that Sugars are 
intended to be laden, and carried to foreign Parts, 
then, in order to afcertain the Quantity, i^c. of the 
Sugars to be exported from the faid Colonies, and 
to prevent the Exportation of any Goods before 
enumerated, the Perfon intending to export Sugars, 
or other Goods not enumerated, in 

p. 557. fuch Veffel, fliall, before the fame are 

put onboard, make an Entry of fuch 
Sugars, or other Goods, with the Comptroller of the 
Cuftoms and the naval Officer, expreffing the Name 
of the Ship and Mafter, and where fhe lies ; and 
alfo the Keys and Wharfs where they are to be laden, 
or firft Water-borne, in order to be laden ; which 
fhall be fuch only where an Officer is or fhall be ap- 
pointed to attend the Shipping thereof, or at fuch 
Places as fhall be mentioned in a Warrant to be taken 
out from the Comptroller for that Purpofe; and fhall 
thereupon take out a Warrant, whereon fhall be 
endorfed by the Exporter, the Marks, Numbers, 
Contents, Sorts, or proper Denomination of fuch 
Sugars., and fhall deliver the Warrant fo endorfed 
to the Searcher, and fhall lade fuch Sugars in the 
Prcfence of fuch Officer, or at the Places mentioned 
in the faid Warrant, that the proper Officers may 



attend the Shipping thereof; and fuch Officers are 
impowered to examine the fame, before they are 
put on board ; and if, upon examining the faid 
Sugars, or any Goods fhipped or brought to be fhip- 
ped as fuch, either before or after the Shipping there- 
of, the Number of Cafks fhall appear to be greater 
than endorfed on fuch Warrant, or if there be found 
any other Sugar but fuch as fhall be fo endorfed, taken 
out, and delivered as aforefaid, or any of the Goods 
before enumerated, which by Law are to be carried 
from thence only to Great-Britain, or fome of his 
Majefty's other Plantations ; or if it be difcovered 
that any enumerated Goods, other than Sugar, have 
been put on board any Veffel having Liberty to trade 
by Virtue of this ASt, or fhall be brought to be 
fhipped on board fuch Veffel, or fhall be put into any 
Boat, ye. in order to be put on board 
fuch Veffel, before fuch Entry, or p. 558. 
taking out, endorfmg, and delivering 
of fuch Warrants, contrary to the DireQions of this 
Ad, all fuch Sugarand other Goods fhall be forfeited, 
and the Veffel or Carriage employed in ftiipping or 
attempting to fhip any enumerated Goods, other than 
Sugars, together with the Veffel on which fuch other 
Goods fliall be laden, and the Owner of fuch Sugar or 
other Goods fhall forfeit double the Value thereof. 
And before fuch Veffel fhall depart with the Sugar, the 
Mafter fhall receive the faid Licence from the Comp- 
troller and naval Officer, with a Certificate under their 
Seals of Office, containing an Account of the Marks, 
^c. of each Calk of Sugar fo fhipped ; and the other 
Officers aforefaid are to make two Copies of 
fuch Licence and Certificates; for all which En- 
tries, &c. or Copies, no more fhall be taken than 
the accuftomed Fees ; and the Mafter, before he 
receives the faid Licence, ihall atteft the faid Copies 
under his Hand, which are to be left with the Col- 
ledlor, and Comptroller, and naval Officer ; and 
the faid Collector and Comptroller are required, 
as foon as conveniently they can, to tranfmit 
one of the faid Copies to the Commiffioners of 
the Cufloms in Great-Britain, by whom the Li- 
cence was granted when the Ship 
failed from Great-Britain; and the p. 559. 
Mafter fhall proceed from the faid 
Colonies directly to Great-Britain, without putting 
into any other Port, unlefs forced by Strefs of Wea- 
ther : Proof whereof fhall be made on Oath to 
the Satisfaction of the Conimiftioners ; and on the 
Return of fuch Ship to Great-Brit.tin, the Mafter 
fhall produce the faid Licence to the CA>mmiffioners, 
or to the Colletfor of the Port at which he fhall ar- 
rive, with the Endorfcment or Certificate annexed 

K 



as 



66 



(9/ S H I P S, &'c. 



«s before direfled, and fliall alfo deliver a true Ma- 
nifeil:, exprefling the Marks and Numbers, with 
the Tale and Sorts of Cades of all his Lading, at- 
tefted upon Oath (or if a Quaker, by Affirmation) 
before the Colle£tor and Comptroller of fuch Port, 
who are impowered to adminifler the fame ; and 
Jhall alfo make an Entry of the Quantities and Sorts 
of all the Sugars laden on board the faid Ship at any 
of the faid Colonies, and then lemaining on board 
and bound to foreign Parts (which Entry the faid 
CoUeftor and Comptroller are to pafs, without 
demanding any Duties for fuch Sugar ; mentioning 
in their Accounts, that iuch Entries were pafTed by 
\'irtue of this A£l) and fliall alfo declare upon Oath 
or Affirmation, to what foreign Ports he is bound, 
with fuch Lading ; then fuch Malfer fhall be at Li- 
berty to proceed, with all the Goods on board men- 
tioned in the faid Manifed, being none of the Goods 
before enumerated, to any foreign Port, without be- 
ing oi)liged to land, or pay Duty for the fame, as 
aforefaid, taking with him the faid Licence, and a 
' Certificate under the Seals of the Office from the faid 
Collector and Comptroller, teftifying that the faid 
Ship had touched at fuch Port, and had in all Re- 
fpeds complied with the Direffions of this A6t ; but 
if any fuch Veffel fhall proceed to any 
p. 560. foreign Part, without having firfl: 

touched at fome Port in Great-Bri- 
tain, and having complied with the Dire6tions of 
this A<5f, and having the fame certified as afore- 
faid ; or if any of the Goods before enumerated, 
befides Sugars, fhall be found on board, or carried 
by any fuch Veflel to any foreign Parts, then the 
Liberty granted by fuch Licence fliall become void, 
and fuch Vcffel, and alfo the Mafter, and all others 
concerned, fhall be liable to the fame Penalties as 
they would have been liable to if this A61 had not 
been made. 

If the Commiflioners of the Cufloms in Great- 
Britain, or the Colledlor and Comptroller of the 
Port where the VefTel fhall touch, fhall, upon In- 
formation on Oath, have Caufe to fufpeft that fome 
enumerated Goods, other than Sugars, are on board 
fuch VefTel, and fliall thereupon judge it neceffary 
to unlade the Goods from fuch Ship, or any Part 
thereof; in fuch cafe, the Officers of the Cufloms, 
or any Perfons employed by them, may enter, and 
remain on board fuch Ship, and unlade the fame or 
any Part thereof, as they fliall judge necefTary, to 
enable them to examine any Part of fuch Ship and 
all the Goods on board, and detain her fo long as 
\ai! be neceffary for that Purpofe, and alfo may open 
and examine any Cabins, U'c. or any Concealments, 



or other Places in the Sides of fuch Ship or any Part 
thereof, or any Trunk, Caflc, is'c to 
difcover whether any more, or other p. 561. 
Goods are on board, than fuch as 
are mentioned in the Manifefl; delivered by the Ma- 
fter, and mayfeize all Goods not mentioned therein, 
which fhall be forfeited ; but in cafe no Goods be 
found on board, but what are mentioned in the faid 
Manifeft, then the Officers who Ihall unload or un- 
pack any Goods, fliall re-load and re-pack the fame,, 
and repair fuch Damage as fhall be done by unloading 
or unpacking thereof, without being liable to any 
other Cofts for Demurrage, or on any other Account 
whatfoever ; but if any other Goods are found on 
board, befides fuch as are mentioned in the Mafter's 
Manifeft (except the neceflary Provifions of the Ship) 
then the IVlafter fhall be at the Charge of re-loading 
and re-packing all the Goods unladen or opened, and 
of repairing all other Damages occafioned thereby; 
and the Officers concerned fhall not be at any Elx- 
pence, or be liable to any Cofts whatfoever. 

If any Ship fhall have on board any Sugar, for 
which Licence fliall have been granted as aforefaid, 
or any other Goods not enumerated in the Acf be- 
fore-mentioned, and the Owners, or their Agent, on 
the Arrival of fuch Ship in Great-Britain, fhall be 
defirous to enter and pay the Duty, and land the 
Goods, or any Part thereof, they fhall have Liberty 
fo to do, the Mafter firft making a Report of his 
whole Lading, with the proper Officers of the Cuf- 
toms, in like Manner as he was required to do, before 
the making of this A£f. 

If the Mafter, or Perfon taking 
Charge of fuch Veffel, for which a p. 562. 
Licence has been granted, fliall, on 
his Arrival in any of the faid Sugar Colonies, have 
delivered to the ColleQor, Comptroller, or Naval 
Officer, the faid Licence, with a Certificate of Bond 
he'ing glvenin Great-Britain, as aforefaid ; and before 
he lades any Goods, fhall declare in writing, upon 
Oath, or Affirmation, before any two of them, 
that the Sugars he intends to load, are to be carried 
to fome Place to the Southward of Cape Finijlerre; 
then the faid Mafter may, in cafe he has in all Re- 
fpeiifs complied with the Direflions of this A(5f, pro- 
ceed thither diredly, with fuch \^effel, taking with 
him fuch Licence and Oath, or Affirmation, endorfed 
thereon by the CoUeSor, k^c. together with an Ac- 
count of the Marks, k£c. of Sugars laden by ^^irtue 
of fuch Licence, likevvife endorfed thereon, or con- 
tained in a Certificate annexed, in the Manner before 
direfted, and may there land the fame, without 
firft touching at any Port in Great-Britain ; but in 

fuch 



0/ S H I P S, afc. 



67 



fuch cafe, the Mafter fhall, within eight Months 
after landing the faid Sugars, and before fuch Veflel 
fhall go again to any of the Plantations in America, 
return tofome Port of Great-Britain, and there deli- 
ver his faid Licence to the Commiffioners of,- the 
Cufloms, or the CoUeSor and Comptroller of fuch 
Port, with fuch Oath or Affirmation endorfed there- 
on, and Certificate annexed thereto as aforefaid, with 
a Certificate from the Conful, or two known Britip 
Merchants of good Credit, refiding at the Places 
where fuch Sugars were landed, teflifying the Land- 
ing thereof as aforefaid ; and the Mafler fliall like- 
wife make Oath or Affirmation, before the Colle6lor, 
to the Truth of fuch Certificate ; 
p. 563. and that none of the Goods before 

enumerated, except Sugar, were 
.taken on board at any of the faid Colonies, or land- 
ed at the Place mentioned in the Certificate ; and 
ihall likewife make an Entry with fuch Collector, 
of the Quantity and Sorts of all the Sugars laden on 
board the faid Ship at any of the faid Colonies, and 
landed at any Port to the Southward of Cape Fini- 
jlerre, which Entry, the Colleffor or Comptroller 
are to pafs, without demanding any Duties for the 
fame, mentioning in their Accounts that fuch Entries 
were pafTed, by Virtue of this A£f ; and in cafe the 
Mader (hall negleff or refufe to make fuch Entry on 
his Return to Great-Britain, he fliall forfeit 100/. 

Upon the Return to Great-Britain of any Ship 
or Veflel, which fhall carry Sugars from the Sugar 
Colonies to any foreign Paris, the Mafler fhall, in 
either Cafe before-mentioned, bring back, and de- 
liver to the Commiflloners of the Cuftoms, or to the 
ColleiStor of the Port where fuch Veffel Ihall arrive, 
the faid Licence, togetlier with a Certificate, figned 
and fealed by the Conful, or two known BritiJIj 
Merchants of good Credit, at the Port where fuch 
Sugar was landed, certifying the Landing thereof, 
with the Number of CalTis landed, and the Mark, 
Number, and Contents of each Cafk, with the 
Name of the Ship and Mafter, and that they verily 
believe that no Tobacco, or other Goods before enu- 
merated, except Sugar, have been there landed out 
of fuch VefTel ; and uf>on fuch Licence being return- 
ed, with the Oath or Affirmation of 
p. 564. the Mailer, and an Account of the 

Lading endorfed thereon, or annex- 
ed thereto as aforefaid ; and the feveral otlier Things 
required by this kSt being duly complied with, the 
Bond given before granting fuch Licence fhall be 
tlifcharged and delivered up; otherwife fuch Bond 
fhall be forfeited, and may beprofecuted in the Man- 
ner dircdetl by this A^ 



In cafe any Ship or Veffel fliall, after unloading 
fuch Sugars, or any Part thereof, take on board any 
Goods before her Return to Great-Britain, all fuch 
of the faid Goods as remain on board at her Arrival 
mGreat-Bf'itain, fliall be entered and landed on the 
Return of fuch Veffel to Great-Britain, and before 
her Departure from thence, and fliall be fubjeft to 
fuch Regulations, as the like Goods imported in 
any other Ship are fubjedl to, by the Laws of the 
Cufloms. 

This A<51 not to excufe any Veffel trading to or 
from the faid Sugar Colonies, being regiftered pur- 
fuant to the Aft 7 and 8 Will. III. on Proof of the 
Property made by one or more of the Owners, in 
the Manner, and under the Penalties inflided by the 
faid Aft. 

No Mafler or Owner of any Vef- p. 565. 
fel carrying Sugars, as aforefaid, fliall 
advance to any Mariner, during the Time, he fliall 
be in Parts beyond the Seas, any Money or Effedls 
upon Account of Wages, exceeding one Moiety of 
the whole Wages, due from the Time of his De- 
parture from Great-Britain till fuch Veffel fliall re- 
turn to Great-Britain ; and if any Mafler or Owner 
fhall advance any Wages to any Seaman, above the 
faid Moiety, fuch Mafler or Owner fhall forfeit dou- 
ble the Money he fliall fo advance. 

IfanyPerfon fhall grant any falfe Certificate, or 
counterfeit, erafe, or alter any Licence, Oath, or 
Certificate, made purfuant to this Aft, or fliall know- 
ingly publifli or make ufe thereof, fuch Perfon fhall 
forteit 500/. to be recovered, and dilpofed of in the 
Manner direfted by this ASt, and fuch Licence, ^h 
(hall be void. 

Nothing in this Ad fliall be con- 
flrued to give liberty to carry Sugars p. 566. 
from any of the faid Sugar Colonies 
to Ireland. 

This Act fliall continue in force five Yeafs, from 
the 29th of September, 1739, and from thence t& 
the End of the then next Sefllon of Parliament. 

Further continued till the Z\th -5/' June, 1751, and 
to the End of the then next SelJJm of Parliament, 
by 17 Geo. II. p. 755. 
By an Aa pajfed 7 and 8 Will. III. 
for preventing Frauds, and regulating 1 5 and 1 6 
Ahufes in the Plantation Trade ; ami by Ceo. II. p. 71 1. 
another A£t of 5 Anne, for an Union 
of the two Kingdoms of England and Scotland, no 
Ship or Veflel fliall pafs as a Ship of the Built and 
Properly of Great-Britain, IrcLind, Gucrnlev, 'Jerfey, 
or any of his Majefly's Plantations in America, or a 
Prize Ship made free, fo as to be qualified to tr.nde ro 
K Z from. 



68 



0/ S H I P S, ^c. 



from, or in any of the faid Plantations, till the Per- 
fons claiming Property therein, ihall make Oath, 

and regifter the fame in Manner there- 
p. 712. in direded ; and if any Ship's Name 

fo regiftered fliall be altered, or any 
Transfer of Property to another Port, fuch Ship is 
thereby direfted to be regiftered de Novo, on deli- 
vering up the former Certificate to be cancelled ; 
and if the Property be altered in the fame Port, by 
the Sale of Shares, in any Ship after regiflering, 
fuch Sale is to be acknowledged, by endorfing on 
the Regifter before two WitnelTes ; notwithftanding 
which, the Certificates of the Regifl:er of feveral 
Ships have been frequently fold to Foreigners and 
delivered to the Purchafers ; and the Ships of Fo- 
reigners under Colour thereof, have been admitted 
to trade to, and from the Plantations (tho' of foreign 
Extraction) contrary to Law, to the Prejudice of 
the Navigation of Great-Britain and the Plantations ; 
for preventing which, it is ena6led, that after the 
25th of December, 1742, no Ship or VefTel required 
by the faid ASs to be regiftered, and carrying IVfer- 
chandizes to and from any of his Majefty's Planta- 
tions in America, or to and from one Plantation to 
another, fhall be deemed qualified to trade within 
the Intent of the f;ud Ads, till the Mafter, or Per- 
fon having Charge of the Ship, fhall upon Oath or 
Affirmation, before the Governor or Colleftor of 
the Cuftoms, of every the faid Plantations where 
they ftiall arrive, give a juft and true Account of 
the Name and Burthen thereof, and of the Place 
from whence flic came, and of all Particulars, in 
the following Form, -viz. 

AT5 maketh Oath (or if a ^laker, pAemnly 
• XJ. affirms) that the Ship or Veffel, called 
the ^ ivhereof he, this 

Deponent or Affirmant, is Majler, or hath the Charge 
and Command, during this prejent Voyage, beini^ of 
the Burthen of 'Tons 

ca?ne lafl from and that 

pe is, as he verily believes, the fame Ship or Veffel 
defcribed, meant, and intended, in, and by the Cer- 
tificate novj produced by him ; and that the fame does 
novj, as he believes, belong wholly to his Majefly^s Bri- 
tifh Subjecls, and that no Foreigner has, dire/lly or in- 
dirc^ly, any Share, Property, or Interefi therein, to his 
Knowledge or Belief. 

If any Ship or VefTel (hall load or 

p. 713. unload any Goods, i^c. in any of the 

Plantations in America, before fuch 

Proof be made, the fame fhall be forfeited, and may 



be profecuted, recovered, and divided, in like Man- 
ner as if fhe had not been regiftered, as direded in 
the Aa 7 and 8 Will. III. 

After the 25 th of December, 1742, if any Ship 
or Veffel duly qualified to trade to, from^ and in 
his Majefty's Plantations, fhall happen to be in any 
of the faid Plantations, and the Certificate of the 
Regifter fhall be loft or miflaid, the Mafter, or o- 
ther Perfon having Charge of the faid Ship or Vef- 
fel, may make Oath, or Affirmation, before the 
Governor or Colledor of the Cuftoms, in the Port 
where the Ship or Veflel fhall happen to be, in the 
following Form. 

AT) being Aiafier, or having the Charge of 
• -D. the^Ship or Veff'el called)he 

dors pvuear (or folemnly af- 
firm ) that the faid Ship or Vrfficl has been, as he verily 
believes, regifered according to Law, to qualify her to 
trade to, from, and in his Majefiy^s Plantatiotis in 
America, and that he had a Certificate thereof, granted 
at the Port of but that 

the fame is lofi or miflaid, and that he cannot find the 
fame, and does not know where the fame is, or what it 
become thereof, and that the fame hath not been, nor fhall 
be, ivith his Privity or Knoivledge, fold or difpofed of 
to any Perfon or Perfons wbatfoever ; and that he, this 
Deponent or Affirmant, and threefiourths of the Mari- 
ners navigating the faid Ship or Veffel, are his Ma- 
jefifs Britifh Subjecls, and the faid Ship or Veffel does 
now, as he believes, belong wholly to his Majefiy^s Bri- 
tifh Subjefls, and that no Foreigner has, to his Know- 
ledge or Belief, any Share, Property, or Interefi 
therein. 

The faid Mafter, or other Perfon 
navigating the faid Ship or VefTel, p. 714. 
fhall give 500/. Security, if the Ship 
be of one hundred Tons Burthen or under, and fo 
in Proportion for any greater Burthen, to the Col- 
lector of the Port where the Ship fhall be, in his 
Majefty's Name and to his Ufe, with Condition that 
the Ship was duly regiftered according to Law, for 
qualifying the fame to trade to, from, or in his Ma- 
jefty's Plantations in America ; and that the Certi- 
ficate of the faid Regifter, if found, fhall be deliver- 
ed up to the Commilhoners of the Cuftoms, to be 
cancelled, and no illegal Ufe has been, or fhall be 
made thereof; that the fame has not been, or fhall 
be fraudulently difpofed of; that the faid Ship or Vef- 
fel wholly belongs to Britiflj Subjects ; and that no 
Foreigner has any Share, Property, or Intereft there- 
in ; and on making fuch Oath, or AfErmation, and 

giving 



0/ S H I P S, &'c. 



69 



giving fuch Bond, the Governor and Colleger of the 
Cuftoms, fhall freely give the Rlafter, i^r. of fuch 
Ship, or VefTel, a frclh Certificate, which fhall en- 
able him to trade for that Voyage only ; and the Of- 
ficers taking the faid Oath and Bond fli.ill tranfmit 
an Account thereof to the CommilTioners of the 
Cuftoms. 

If the Certificate of the Regifler of any Ship be 
lofl, and the Mafter, or Perfon having Charge of the 
Ship, and one or more of the Owners, fhall make 
Proof to the SatisfaiElion of the CommilTioners of the 
Cuftoms, in Cafe the Owners, or any of them ihall 
refide in Great-Britain, or Ireland, Guernfey, or Jer- 
fey ; or of the Governor, or ColleSor of the Cuf- 
toms, refiding in any of his Majefty's Plantations in 
America, if fhe was regiftered in fuch Plantation ; 
and none of the Owners fhall refide \n- Great-Britain 
or Ireland, Guernfey or Jerfey, upon 

p. 715. Oath or Affirmation of the Lofs of 

fuch Certificate, alfo of the Name, 
Burthen, Built, Property, and other Particulars re- 
quired in the A£l 7 and 8 IVill. III. in the fame man- 
ner, and before the fame Perfons as are required on 
original Regifters, and fliall give 500/. Security if the 
Ship be of one hundred Tons, and fo in proportion 
for any greater Burthen, to the Colledor of the 
Port where the Ship fhall belong, and that the ori- 
ginal Certificate hath not been, nor fhall be fraudu- 
lently difpofed of, or ufed contrary to Law; and 
that if the fame be found, it fhall be delivered up to 
the Commiffioners to be cancelled ; in fuch cafe the 
faid Commiffioners, and the Governor, and Colletfor 
of the Cufloms, refiding at the Plantations refpec- 
tively, are required to permit fuch Ship or VefTel to 
be regiflered de Novo, and the proper Officers fliall 
deliver a Certificate thereof to the Owners as di- 
reded by the Aft 7 and 8 Will. III. and therein men- 
tion the Name by which the Ship was formerly re- 
giftered, and that fuch Certificate of a new Regifber 
is granted in purfuance of this ASt., inftead of a for- 
mer Certificate, which appears by fuch Proof, as this 
Ad requires, to be lofl ; and that fuch new Regifler 
and Certificate fhall have the fame Effed with the 
Original, and a Duplicate fhall be tranfmitted to the 
Commirtioncrs. 

g After the 29th oi September, ^-j^^, 

all Plantation Bonds taken in Gr^a/-5r/- 
tain, purfuant to any formerA£l of Parliament, where- 
by the Goods therein enumerated are to be brought to 
Great-Britain, fnall be with Condition, that within 
eighteen Months from the Date thereof (the Danger 
, of the Seas excepted) a Certificate fhall be produced 



from the Collet^or and Comptroller of the Port 
where fuch Goods fliaH be delivered, that they have 
been there landed and difcharged; olherwife fuch 
Bonds fhall be forfeited, and the Penalty fued for in 
the Court of Exchequer in England, Scotland, or Ire- 
land, refpeftively. 

This Aa fiiall not extend to Bonds given for Ships 
which lade Rice at Carolina or Gear's/a, hy Licence 
from the Commiffioners of the Cu(lo;'i;, to be car- 
ried to fome Part of Europe, to tl.e Southward of 
Ci^e Finijlerre, purfuant to an Ai> pad'ed 3 Gt-s. If. 
or for Ships lading Sugars, in any of his Majefty's 
Sugar Colonies in America, by Licence from the 
CommifHoners, to be carried rlireSly to any foreign 
Part of Europe, except Ireland, purfu- 
ant to an Adf pafTed 12 Gco.ll. P' 7'7- 

By two Claufes in the KSl 2 Car. \-j Geo.U. 
II. it is (among other Things) enact- 
ed, that no Goods or Commodities whatfoever, of 
the Growth, ProduiStion, or Manufafture of Africa, 
Ajia, or America, fhall be imported into England, Ire- 
land, or Wales, Iflands of Guernfey or Jerfey, or 
Town of Berwick upon Tweed, from 
any other Places or Countries, but on- p. 720. 
ly from thofe of the laid Growth, Pro- 
duction, or Manufacture, or from thofe Ports where 
the faid Goods and Commodities can only, or ufu- 
ally have been, firft fhipped for Tranfport'ation, un- 
der the Penalty of the Forfeiture of all fuch Goods 
as ftiall be imported from any other Place or Coun- 
try, contrary to the true Intent and Meaning there- 
of; as alfo of the Ship in which they were imported, 
with all her Guns, Furniture, Ammunition, Tackle 
and Apparel • ; and there is a Provifo in the faid Aft, 
that it ftiall be lawful for any of the People of £;;^- 
land, Ireland, Wales, Iftands of Guernfey or Jerfey, or 
Town of Berzvick upon Tivced, in VeiTcIs or Ships to 
them belonging, and whereof the Mafter and three 
fourths of the Mariners, at leaft, are EngliJJj, to 
load, and bring in from any of the Ports of Spain, 
or Portugal, or M^ejlern I/lands, commonly called A- 
zores, or Madeira, or Canary IJlands, all Sorts of 
Commodities of the Growth, Produaion, or Ma- 
nufadure of the Plantations or Dominions of either 
of them refpeaively ; and Difputes have arof: on the 
Conftruaion cf the faid Provifo, whether Goods of 
the Growth, Produaion, or Manufaaure of the 
Plantations of Spain or Portugal, may be imported 
for Account of Aliens, from the Places, and in the 
Manner exprefTed in the faid Provifo, and whether 

* Vide m of Navigation, Page 50, Sect. 24. '"''' 



13 Geo-. I. c. 



70 

Inch GooSs belonging to Alleng, fo imported, are 
not liable to be forFeited, together with the Ship, 
which tends to the Prejudice of the Britlfi Naviga- 
tion, as liJcevvife detrimental to the publick Reve- 
nue; it is therefore ena£led, that it fhall be lawful 
for anv Perfons to import the Goods mentioned in 
the faid Provifo, and in fuch Ships fo navigated, as 
is therein expreffed, although fuch Goods are the 
Property of Aliens. 

During fix Months, ^c. it fhall 

bt lawful to import Cochineal in any 

Ships belonging to Great-Britain, or 
to any State in Amity, from any Place whatfo- 
ever f. 

It fhall be lawful to import in any 
7 Geo. II. c. Ship belonging to Great-Britain, or 
18. beft. 2. any State in Amity, from any Place, 

Indigo of all Sorts. 
Ditto, S. 3. The faid Aft 13 Geo. I. Cap. 25. 

and this A£t fliall continue feven Years 
from the 24th of June, 1734, 'dc. 

Continued till "^une I, 1 7 47, and from thence tithe 
End of the then next Seffion of Parliament, by 1 4 
Geo. II. p. 660. and further continued until the 
jfl 0/" June, 1754, and to the End of the then 
next Seffion of Parliament, by 20 Geo. II. p. 972. 

And as feveral A6ls have been made to encourage 
-the Growth of this, and feveral other Commodities 
in his Alajefly's American Colonies, I think they may 
properly be introduced in this Place, as Affairs in 
which Navigation have a confiderable Concern, there- 
fore before I conclude the Subje£t of Shipping, I 
•fhall let my Readers fee what Premiums have been 
given by Parliament on the Importation of them 
here. 

,, Ti It is hereby enafted, that from and 

21 Geo. 11. p- r , 1 c n/r 1 II 

gg '^ after the 25th ol March, 1749, all 

Perfons who fliall import into this 
Kingdom, direftly from any of the Britifj Colonies 
in America, in Veilels that may legally trade there, 
and manned as by Law is required, any good and 
rnerchantable Indigo, free from any talfe Alixtures, 
and fit for Dyers Ufe, being the Product of the Co- 
lony from whence the fame is imported, fliall be in- 
titled to 6d. for e\'cry Pound thereof, to be paid out 
of the Cuftoms upon Demand, by the Colleflor of 
the Port where the fame fhall be imported, and for 
want of fufHcient Money in his Hands; he fliall cer- 
tify the fame to the Commiffioners of the Cuftoms, 

f Vide Page 54, at 6 Ann. Cap. 33. 



0/ S H I P S, m. 



who fhall caufe the Bounty of the In- 
digo imported into England, to be paid p- 888. 
by the Receiver-General of the Cuf- 
toms in England, and of that imported into Scotland 
by the Receiver-General there. 

Every Perfon loading Indigo on board any VefTel 
in any of the Briti/h Colonies in America, Ihall, be- 
fore the clearing out of fuch Ship for any Port of 
Great-Britain, produce to the Governor, Lieutenant- 
Governor, Collector, and Comptroller of the Cuf- 
toms and Naval Officer, or any two of them, a Cer- 
tificate, figned and fworn to before fome Juflice 
there, by the Planter, his known Agent or Factor, 
that a Quantity of Indigo (exprefhng the Weight) 
had been lent from his Indigo Work, or Plantation, 
where the fame was made, in order to be fliipped off, 
or fold by him to the Perfon therein named, and was 
of the Growth and Produce of the faid Plantation, 
fituate in the Diflridt or Parilli of 
within the Illand or Colony of which 

Certificate fliall be attefted by the faid Juflice, to 
have been figned and fworn to in his Prefence, and 
he is required to do the fame gratis. 

The Merchant, at the Time of producing fuch 
Certificate, fhall alfo fign a Certificate before the 
Governor, Lieutenant-Governor, Collector, dc. or 
any two of them, that the Indigo fhipped by him is 
the fame mentioned in the Certificate; and they fhall 
thereupon deliver to him a Certificate under their 
Hands and Seal of Office, of his having received 
fuch Certificate ; and that at the fame Time a Cer- 
tificate from the Planter or Agent, is'c. 
had been produced and left with them, p. 88g, 
purfuant to the Dircv^ions of this Att ; 
and no Perfon importing Indigo fhall be infilled to 
the Pramium, unlefs he fliall produce fuch Certificate 
to the chief Officer of the Cuftoms at the Port in 
Great-Britain where the fame fliall be imported. 

On the Importation of any Indigo into Great-Bri- 
tain, a Certificate fhall be given by the Matter or 
commanding Officer, that the fame was (hipped on 
board the faid Ship, within fuch Briti/h Colony in 
America, as is mentioned in the Certificate ; and alfo 
a Certificate, figned by two Officers of the Cuftoms 
of the Port where the fame is entered and landed, 
fpecifying the Weight, and that the faid Indigo is 
good and merchantable, free from falfe Mixtures, 
and of fuch Quality as to be intitled to the faid 
Prismium, which Certificate the faid Officers are to 
grant within ten Days after the landing thereof, un- 
lefs they can afiign fufficient Caufe for their Refufal ; 
upon producing wliich feveral. Certificates to th(j pro- 
per 



0/ S H I P s, e#c. 



71" 



per Officer as aforefaid, he fliall pay the Pramittm 
to the Importer. 

If any Perfon fliall make Entry of foreign made 
Indic;o under the Name of Britijh Plantation-made, 
or fliall mix any foreign Indigo, or other falfe Mix- 
ture, with that made in the Britifh Plantations, in 
order to claim the Premium, he fliall forfeit all fuch 
Indigo; and in cafe of fuch Mixture, the Quantity 
fo mixed, both foreign and Britijh Plantation-made, 
and double the \^alue thereof, fhall be forfeited, by 
the Perfon making fuch Mixture. 

No Certificate fliall be granted for the faid Pre- 
mium on indigo that is not good and merchantable, 
and free from any falfe Mixture. 

The Officers of the Cufloms, be- 

p. 890. fore their making out any fuch Cer- 

tificate, fhall examine the Indigo by 
opening each Package, and feeing the whole Con- 
tents, to difcover whether the Indigo is good and 
merchantable, and free from any falfe Mixture. 

No Certificate fhall be granted by the Officers of 
the Cuftoms for any Indigo which is not worth 3/. 
when the French, or other, Indigo of equal Goodnefs 
with the beft French, is worth 4/. per Pound ; and fo 
in proportion, if the beft French or other Indigo of 
equal Goodnefs, fhall be at a higher or lower Price. 

If any Difpute fliall arife concerning the Quality 
of fuch Indigo as is imported into the Port oi London, 
the Commiflioners of the Cuftoms may call two or 
more Dyers, Dry-Salters, Brokers, or others well 
flcilled in that Commodity, who fliall declare their 
Opinion upon Oath, as to the Quality thereof, if re- 
quired, and determine whether the faid Indigo is in- 
titled to the Pramium or not; and in cafe of any Dif- 
pute in any of the Out-Ports in England, Samples of 
the Indigo fhall be fent up to the Commiflioners of 
the Cuftoms at London ; and in the Out-Ports in 
Scothmd, to the Commiflioners of the Cuftoms at 
Edinburgh, in fuch manner as the refpeftive Com- 
mlfTioners fhall direSl, in order to be infpected and 
adiudged there. 

No Fee fhall be demanded or taken by any Offi- 
cer of the Cuftoms, for the examining or delivering 
fuch Indigo, or for figning Certificates for the Pra- 
mium, under Penalty of forfeiting his Office and 
100/. ISc. 

No Certificates or Debentures, 

p. 891. made in purfuance of this ASi, fhall 

be chargeable with any Stamp Duties. 

If any Britijh Plantation-made Indigo from Ame- 
rica, fhall, after the 25th of March, 1749, be ex- 
ported from Great-Britain, the Exporter, before the 
Entry thereof, ftiail pay to the Colle£tor or chief 



Officer of the Cuftoms of the Port, the whole of 
the Pratnium, over and above any Duty fuch Indigo 
is fubjedl to at Exportation, by any former hSt. 

If any Perfon fliall be f^tiund fraudulently to ex- 
port fuch Indigo, without paying the Pramium as 
aforefaid, he fhall forfeit the Indigo, and double the 
Value thereof. 

If any Difpute fliall arife, whether the faid Indigo, 
or any Part thereof fo to be exported, is of the 
Growth and Manufaflure of the Britijh Plantations 
in America, or of foreign Product, the Onus Prabandi 
fliall lie on the Claimer, and not on the Profecutor. 

If any Governor, ColleSor, or any other Per- 
fons, fliall, during the Continuance of this A&, 
falfely make a Certificate of the Produce and Manu- 
faflure of any Indigo, not being of the Bntifi Plan- 
tations in America, or iliall counterfeit any fuch Cer- 
tificate, in order to obtain the Pramium atorefaid, he 
fliall forfeit 200/. and if the Offen- 
der be a I, olleQor, or any other Of- P- 892. 
ficerof the Cuftoms, he fliall aifo lofe 
his Office, and be incapable of fervuig his Majefty, 
&c. 

This A<5t fhall be in Force for feven Years, to 
commence from the 25th of March 1749, and from 
thence to the end of the then next Seflion of Parlia- 
-ment. 

As it will greatly tend to the In- 23 Geo. II. p. 
creafe and Improvement of the Silk 39S- 
Manufactures of this Kingdom, to en- 
courage the Growth and Culture of Silk in his Ma- 
jefty's Dominions in America, it is enadcd, that 
from and after the 24th o( June, 1750, Raw Silks 
of the Growth and Culture of any of his Majefty's 
Colonies or Plantations in America 
may be diredly imported from thence P- 396. 
into the Port oi London Duty free, due 
Entry thereof being firft made at the Cuftomhoufe 
at the Time of Importation, in the fame manner and 
form (exprcfllng the Package, Marks, and Numbers, 
together with the Quantities and Qualities of the 
refpeftive Goods) as was ufed before the making of 
this A6f, and fo as the f^ime be landed in the Pre- 
fence of, and examined by, the proper Officer of the 
Cuftoms, and be imported in VefTcls that may law- 
fully trade to his Alajefty's Plantations, manned as 
the Law requires ; and on Failure of the Conditions 
herein laft mentioned, the faid Silks are to be liable 
to Payment of the refpetlive Duties, as if this Afl 
had not been made. 

The Merchant or other Perfon, who fliall after 
the 24th of June 1750, load any raw Silk on board 
any Veffel in any of the Britijh Colonics in America, 



V 



72 



0/ S H I P S, ^c. 



is, before the clearing out of fuch Veffel from 
thence, to make Oath before the Colledlor and 
Comptroller of the Cufloms, and naval Officer of 
the Port, or any two of them, that the faid Silk (ex- 
prefling the Quantity thereof) is bona fide of the 
Growth and Culture of the BritlJJ} Plantations in A- 
merica, expreiTing the Parilh or Place where the fame 
was cultivated, and by whom, producing fuch Per- 
fon's Oath tliereto, made before the Governor of 

the Place, or the next Juflice of the 
p. 397. Peace (which feverai Oaths are to be 

adminiftered gratis) and the Mafler or 
Pcrfon taking Charge of fuch Veffel, is to bring with 
him a Certificate, figned and fealed by the Colle£tor 
and Comptroller of the Culfoms, and naval Officer, 
or any two of them (which they are to give grutis) 
exprefling the Marks, Numbers, Tale, and Weight 
of the raw Silk in each Bale or Package, with the 
Names and Places of Abode of the Exporter there- 
of, and of the Perfon who fliall have fworn the fame 
to be of the Growth and Culture of the faid Britijh 
Colonies, and of the Perfcn to whom the fame fhall 
be configned in the Port of London ; which Certifi- 
cate the Mafler, on his Arrival at the Port of London, 
is to deliver to .the Colleftor or Comptroller, or 
other chief Officers of the Cuftoms, at or before 
the Entry of the faid Silk, and to make Oath before 
one of the faid Officers (which Oath is to be admi- 
niflered gratis) that the faid Bales and Parcels, and 
Goods contained in fuch Certificate, are the fame 
which were taken on board in the faid Britijh Plan- 
tations \n America; and on Default made in any of 
the Premiffes, the faid Silks are liable to the Pay- 
ment of the refpetTtive Duties, as if this Aft had not 
been made. 

If any Perfon fhall, after the 24th 
p. 398. c^ June 1750, enter any foreign raw 

Silk under the Name or Defcription of 
raw Silk of the Growth or Culture of any of the 
Britijh Colonies in America, or iTiall mix any foreign 
raw Silk with raw Silk of the Growtli of the faid Sr;- 
///Z; Colonies, in order to avoid Payment of the Du- 
ties for the fam.e, he is to forfeit 50/. for every fuch 
Offence, and ail fuch foreign raw Silk ; and in cafe 
of any Mixture, the Quantity mixed, both of foreign 
and Britifij PLnntation Growth, or the Value there- 
of, together with the Packages containing the fame, 
are to be forfeited, <Sc. 

If any Doubt or Difpute arife, whether the faid 
raw Silk is foreign, or of the Growth or Culture of 
the Britijh American Plantations, the Onus Probandi 
lies on the Claimer. 



As the Importation of Bar-Iron 
from his Majelfy's Colonies in Ame- 23 Geo. 11. p. 
rica, into the Port of London, and the S'9- 
Importation of Pig-iron from the faid 
Colonies into any Port of Great-Britain, &c. will be 
a great Advantage, not only to the 
faid Colonies, but alfo to this King- p. 520. 
dom, y<-. it is ena£led, that from and 
after the 24th of y««f, 1750, the Duties, now pay- 
able on Pig-iron, made in, and imported from his 
Majefty's Colonies in America, into any Port of 
Great-Britain, fhall ceafe; and that no Duty iTiall be 
payable upon Bar-Iron, made in, and imported from 
the faid Colonies, into the Port of London. 

No fuch Bar-Iron fo imported into the Port of 
London ihall afterwards be exported or be carried 
Coaftwife to be landed at any other Place in Great- 
Britain except for the Ufe of his Majefty's Dock- 
Yards, upon Pain that the fame, and the Veffel, be 
liable to fuch Forfeiture and Seizure, as prohibited or 
uncuftomed Goods clandeftinely exported or import- 
ed, are now liable to by Law ; and alfo upon Pain 
that the Exporter, and Mafter, and Mariners of the 
Veffel, fhall befubjed: to the like Penalties and Pu- 
nifhments *as the A'lafters or Mariners of Veffels 
laden with prohibited and uncuftomed Goods, or 
Goods clandeftinely exported or imported, are now- 
liable to by Law; and alfo upon Pain that the Ex- 
porter, and Mafter, and Mariners of the Veffel, fhall 
be fubjeiSt: to the like Penalties and Punifhments as 
the Mafters or Mariners of Veffels laden with prohi- 
bited anduncuftomed Goods, or Goods clandeftinely 
exported or imported, are liable to by Law; and 
no Officer of the Cuftoms fhall grant any Cocket, 
yr. for exporting or carrying Coaftwife any fuch 
Bar-Iron fo exported, except for the Ufe of his 
Majefty's Dock-Yards, upon Pain of forfeiting 
200/. yr. and if any fuch Cocket, 
Eiff. ftiall be granted, the fame ftiall p. 521. 
be void. 

No Bar-Iron whatfoever fliall be permitted to be 
carried Coaftwife uniefs mention be made in the 
Certificate, of the Day on which the Duties, payable 
on the Importation thereof, were paid, and of the 
Name of the Perfon by whom paid. 

No Bar-Ir.()n imported into the Port of London by- 
Virtue of this Atf, ftiall be carried or conveyed by 
Land Carriage to any Place beyond ten Miles from 
any Part of the Port of London, except to his Ma- 
jefty's Dock-Yards, for the Ufe of the fame, upon 
Pain ot the Offender paying 20/. for every hundred 
Weight thereof. 

Every 



0/ S H I P S, ^c. 



Every Perfon loading Pig or Bar-Iron on board 
any VelTel in any of his Majefly's Colonies in Ame- 
rica, (hall, before clearing out for any Port of Great- 
Britain, make Oath before the Governor, or Lieu- 
tenant-Governor, Colle6lor and Comptroller of the 
Cuftoms, and naval Officer, or any two of them 
(which Oath they are to adminifler without Fee) that 
the Pig or Bar-Iron fo fhipped (the true Weight 
whereof fhall be expreffed in the Oath) was made at 

within the Colony of 
in which Oath alfo the Name of the Perfon to whom 
the Iron fhall be fold or configned ihall be expref- 
fed, and thereupon the faid Governor, Lieutenant- 
Governor, Colletlor and Comptroller of the Cuf- 
toms, and naval Officer, or any two of them, fhall 
give to the Perfon making fuch Oath, a Certificate 
\jnder their Hands and Seal of Office, of the fame 
having been made before them. 

No fuch Pig or Bar-Iron fhall be imported Duty 
free, as aforefaid, unlefs the fame fhall be ftamped 
with fome Marks denoting the Colony or Place 
where the fame was made, and unlefs the Importer 
■fhall produce fuch Certificate to the chief Officer of 
the Cuftoms at the Port where the fame fhall be im- 
ported, and unlefs Oath be made by the Mafter of 
the VelTel, before fuch Officer (which he is to ad- 
miniller without Fee) that the faid Iron is the fame 
mentioned in the Certificate. 

All Pig or Bar-Iron, which (hall not be ftamped 
and certified as aforefaid, fhall be fubjeCt to the Pay- 
ment of the fame Duties to which it was liable be- 
fore the making of this A£f. 

If any Governor, Lieutenant-Governor, Colleftor, 

or Comptroller of the Cuftoms, naval Officer, or 

chief Officer of the Cuftoms as aforefaid, (hall falfe- 

ly make any fuch Certificate, he fhall 

p. 523. forfeit 20c/. for every fuch Offence, 

and his Office, i^c. and if any Mer- 
chant, i^c. ffiall falfely make any Oath required by 
this Aft, he (hall incur the Penalties of wilful and 
corrupt Perjury ; and if any Perfon fhall knowingly 
counterfeit any fuch Stamp or Certificate, or publifh 
the fame knowing it to be counterfeited, he fhall in- 
cur the Penalties of Forgery. 

After the 24th of June, 1750, no Mill, or other 
Engine for ftitting or rolling of Iron, or any Plating- 
Forge to work with a Tilt Hammer, or any Furnace 
for making Steel, fhall be eredled or continued in 
any of his Majefty's Colonies in America, upon Pain, 
that every Perfon offending herein, fliall for every 
fuch Mill, Engine, Forge or Furnace, forfeit 200/. 

Every fuch Mill, Engine, Forge or Furnace, e- 
pe6ted or continued contrary to the Dire<5lions of this 



73 

A£V, fhall be deemed a common Nulfance; and eve- 
ry Governor, i^c of any of his Majefty's Colonics 
in America, where any fuch Mill, i^c. (hall be ereQ- 
ed or continued, (hall, upon Information thereof 
made to him by two WitnelTes upon Oath (which 
Oath he is to adminifter) caufe fuch Mill, idc to be 
abated, within thirty Days after fuch 
Information, upon Pain of forfeiting p. 524. 
500/. for every fuch Offence, Wr. 

All Bar-Iron, which fhall be imported from any 
of the Britijl} Colonies in America into the Port of 
London, fhall be entered at the Cuftomhoufe at Lo/r- 
don ; and every Bar fhall be marked or ftamped in 
three different Parts, with fuch Mark as the Com- 
mKfioners of the Cuftoms fhall direft, two of the faid 
Marks at the Diftance of one Yard from each End 
of the Bar, and the other near the Middle thereof. 

If any Perfon ftiall counterfeit, de- 
ftroy, or deface any of the faid Stamps, p. 525. 
with an Intent to convey the fame to 
any Place ten Miles from the Port of London, con- 
trary to this Aft, and be legally conviftcd thereof, 
he (hall forfeit 100/. (Jc 

Every Governor, ^c. of any of his Mdjefty's Co- 
lonies in America, fhall tranfmit, within fix Months 
after the faid 24th of June, to the CommifTioners of 
Trade and Plantations, a Certificate under his Hand 
and Seal of Office, containing a particular Account 
of every Mill or Engine for flitting or rolling Iron, 
and every Plating-Forge to work with a Tilt Ham- 
mer, and every Furnace for making Steel, erefted 
in his Colony, at the Time of the Commencement 
of this Aft, exprefiing therein alfo fuch of them as 
are ufed, and the Names of the Proprietors, and 
Place where erefted, and Number in the faid Colo- 
ny ; upon Pain of being fubjeft to the like Penalties 
and Forfeitures, as for any other Of- 
fence committed by them againft this p. 5^6. 
Aft, ^c. 

I have treated pretty largely on the Article of 
Shipping, though I hope without incurring the Cen- 
fure of a prolix Superfluity, or dwelling longer on 
the Subjeft than I ought; for the Particulars I have 
introduced under this Head, I think, properly belong 
to it, and no one Seftion of it undeferving a Mer- 
chant's Regard ; I fliall therefore now proceed to de- 
fcribe the Obligations the Commanders and Sailors 
are under both by Laws of Confcience, and of their 
Country. 

A Mafter of a Ship is appointed by the Owners un- 
der a Suppofuion of his having a fufficient Capacity 
and Integrity to difcharge the Truft repofcd in him, 
by a faithful, prudent, and difcreet Management of 
L the 



74 



0/ S H I P 



c. 



the Ship, and Aflfairs committed to his Care — he 
hath no Property, either general or fpecial, in his 
being conftitiited, though the Law 
fioh. Rep. fol. loolcs upon him as an OfHcer, who 
II Brid^- muft render and give an Account for 

7nan\ Cafe. whatfoever is put into his Cuftody 

and under his Direction ; and there- 
fore whatever Misfortunes happen, or Loffes occur, 
be they thro' Negligence, Wiifulnefs, or Ignorance, 
eitlier in himfelf or Mariners, he muft be refponfible. 
A Mafterof a Ship, fo appointed by 
In Chancery. B, Owner, treats with the Plaintiff 
' to take the Ship to freight, for 80 
Tons, to fail from London to Falmouth, and fo from 
thence to Barcelona, without altering the Voyage ; 
and there to unlade at a certain Rate per Ton : And 
to perform this, the Mafler and Merchant entered 
into a Charter-party, the former obliging the Ship 
and her Appurtenances (valued at 300/.) tho' the 
Owners of the Ship were no Parties thereunto ; the 
Mafter deviates and commits Barretry, and the Mer- 
chant thereby becomes a Sufferer in 
Jure Mar. p. the Lofs of his Voyage and Goods, 
230. for the Merchandize (being Fifh) ar- 

rived not till Lent was pafl, and they 
rotten. The Fadtor, to whom the Cargo went 
configned, in order to procure Satisfa(Slion for his Em- 
ployer, fueth the Matter in the Court of Admiralty at 
Barcelona, and upon an Appeal to a higher Court in 
Spain, obtains Sentence againft the Matter and the 
Ship ; which coming to the Merchant's Hands, the 
Owner brings an Adion of Trover for the Ship ; the 
Matter fues in Chancery to flop the Suit, and an- 
other brought by the Owner for Freight, claiming 
Dedu<?ions out of both, for his Damages futtained by 
the Matter's Breach of Articles ; for if the Owner 
gives Authority to the Matter to contra£l, he fhall 
bear the Lofs, but in cafe of Bottomry after the Voy- 
age begun, the Matter cannot oblige the Owner be« 
yond the Value of the Ship ; but this Cafe is on 
ContraS. 

Lord Chancellor. The Charter-party values the 
Ship at a certain Rate, and you fhall not oblige the 
Owners farther, and that only with relation to the 
Freight, not to the Value of the Ship ; 
Mich 29. Car. the Aiafter is liable to the Deviation 
11. and Barretry, but not the Owners ; 

elfe Matters would be Owners of all 
Men's Ships and Eftates. 



But where the Matter of the Ship 
took Beef, Sails, i^c on Credit, and 2 Vern. 643. 
failed, the Owners were obliged to 
pay; and not allowed to defend themfelves, by in- 
fitting that the Matter was liable only, and that they 
had given him Money to pay the Plaintiff. He is 
but their Servant, and therefore for his Purchafes 
they are anfwerable, and continue fo till he has paid 
the Creditor, though they gave him Money for that 
Purpofe. 

As foon as Merchandizes, or other Commodities, 
are put aboard a Ship, whether fhe be riding in Port, 
Haven, or any other Part of the Seas, he that is Ex- 
ercitor Navis (Matter of her) is chargeable therewith, 
and if the fame be there loll: or purloined, or futtain 
any Damage, whether in the Haven 
or Port, before, or upon the Seas, af- F. Naut. caup. 
ter ttie is on her Voyage, either by Stab. leg. i, 
the Mariners or by any other through Seft. 2, 3. 6,7. 
their Permifiion, he that is the Com- 
mander muft anfwer the Damage, for the very Lad- 
ing the Goods aboard the Ship fubjefls him thereto. 
And with this agrees the Common Law, where it was 
adjudged, that Goods being fent aboard 
a Ship, and the Matter having figned i Mod. 85. 
his Bills of Lading for the fame, the Raym. 220. 
Goods were flowed, and under Pre- ' ^^"- >9°' 
tence of being Prefs-Mafters, diverfe ^^^ , 
Perfons, in the Night, entered the ^ ^J|' ^°^- 
Ship, and robbed her of thofe Goods ; ^ ' ' . 
the Merchant brought an A£tion at the ' ^ " ^J* 

Common Laiv againft the Matter ; and 
the Quettion was whether he fhould anfwer for the 
fame; for it was alledged on his Part, that there was 
no Default or Negligence in him, as he had a fufE- 
cient Guard, the Goods were all locked up under 
Hatches, and the Thieves came as Prefs-Majlers, and 
by Force robbed the Ship ; and that the fame was Vis 
Major * which he could not prevent: And laftly, 
that though he was Matter, or Exercitor Navis, yet 
he had no Share in the Ship, and was but in the Na- 
ture of a Servant, afting for a Salary. But notwith- 
ftanding, it was adjudged for the Plaintiff; for the 
Matter at his Peril mutt fee that all Things be forth- 
coming which arc delivered to him, let what Accident 
foever happen (the Aft of God, or an Enemy, Pe- 
rils and Dangers of the Seas only excepted) but for 
Fire, Thieves, and the like, he muft anfwer ; and is 
in the Nature of a f common Carrier; and that 



* The which the Civil Law does fometiraes allow, -f Rey. 105. F. n. B. 104. b. 1 Inft, 8q. 4 Co. 84. a. mo. 876. 
Hih. 17, 18. Po/h. 178, 179, Cro. Jac. 188, 189. 330, 331. Salk. 388. i SiJ. 36. 

though 



0/ S H I P S, ^c. 



though he receives a Salary, yet he is a known and 
public Officer, and one that the Law looks upon to 
anfwer ; and the Plaintiff hath his EIe6lion, to charge 
either Mafter or Owners, or both, at his Pleafure, 
tliough he can have but one Satisfa6i:ion. 

If a Mafter fhall receive Goods at the Wharf, 
or Kay, or ftiaii fend his Boat for the fame, and 
they happen to be loft, he fl)all likewife anfwer, 
both by the Marine and Common Law. 

Mayor and Com. de London, agalnji Hunt. 

Error of Judgment in B. R. in Afllimpfit brought 
by the Mayor and Commonalty againrt Hunt, where 
they declared of a Cuftom that they and their Prede- 
cefTors, Mayors, i^c had of every Mafter of a Ship 
8/. per Tun, for every Ton of Cheefe brought from 
any Place in England to the Port of London, ab Orients 
de London Bridge (to the Eaftward o^ London-Bridge) 
in the Name of Weighage ; and that the Defendant 
being Mafter of a Ship, had brought to the Port of 
London, fo many Tuns, which at that Rate came to 
fo much, wiiich he hath not paid ; up- 
3. Lev. 37. on non AJfumpfit, Verdift and Judg- 
ment for the Plaintiff. Upon which 
Hunt the Defendant brought a Writ of Error, and 
two Errors were afllgned : i. That the A6tion did not 
lie againft the Mafter, but that the Duty was due 
from the Merchants, Owners of the Goods ; but 
the Judgment was affirmed, for that the Mafter is 
entrufted with the Goods, and hath a Recompence 
from the Merchants for bringing the Goods, and is 
Tefponfible for them, and therefore fhall be charged 
for the Duty; as it would be infinite to fearch for 
the Owners of the feveral Goods which are all in 
the Cuftody of the Mafter who brought them into 
Port, and therefore he ftiall be charged. 

If Goods arc fhipped, and an Em- 
DigeJ}. lih. 9. bargo or Reftraint is afterwards iffued 
til. 2. Leg. 61. by the Prince or State where the Maf- 
ter then is, and then he breaks 
Ground or endeavours to fail away, and in confe- 
quence thereof any Damage enl'ues, he Ihall be re- 
fponfible for the fame ; the Reafon is, becaufe his 
Freight is due, and muft be paid; nay, although the 
very Goods be feized as bona contrahunda. 

A Ship was let out on Freight to 
2 Vern. 242. "J. S. in England, at 3/. 10/. per Ton, 
to go to Bourdeaux, then an Embargo 
IS laid ; fhe afterwards proceeds to Bourdeaux, and 
the Mafter, without difcovering his firft Contract, 
agrees with the Correfpondents there of 7- ^- to 
allow him 6/. lor. per Ton; upon this lall Agree- 



75 

ment he recovered at Law, and Equity would not re- 
lieve, becaule the Performance of the firft Agree- 
ment was hindered by the Embargo. 

A Mafter ought not to fail in tempeftuous Wea- 
ther, nor put forth to Sea, without having firft con- 
fulted with his Company * ; nor muft he ftay in Port 
or Harbour without juft Caufe, when a fair Wind in- 
vites his Departure. 

If a Veffel proves leaky or difabled, the Mafter 
ought not for this Caufe to put any of his Merchants 
Goods aboard any Enemy's Ship, without Letters of 
fafe Conduct, as by fo doing they may be made 
Prize, and he be obliged to anfwer the Damage con- 
fequent to the A£lion. 

Nor fhall he put into any Creeks or 15 Hen. VI. 
other Places difallowed, except driven c. 8. 
in by Tempeft, but into fuch Ports as 
are by Law appointed. 

Nor ought he to iTiip any Merchan- i El. c. 11. 
dizes, but only at the publick Ports S. 2. 
and Kays. 

He muft not lade any prohibited 13 and 14 
or unlawful Goods, whereby the Car. II. c. 11. 
whole Cargo may be in Danger of S. 14. 
Confifcation, or at leaft fubjed; to 
Seizure or Surreption. 

He may not fet fail without able and i Jac. c. 2j. 
fufficient Mariners, both for Quality 1 2 Car. JI. 
and Number. c. i8. 

The Ship was libelled againft in the 
Admiralty, for that the Mafter being Ld. Raymond 
taken by a French Privateer, had ran- Page 22. 
fomcd the Ship for 300/. and had fued ^^«y»" verf 
for the Payment of it, and was car- • 

ried Prifoner to Dunkirk, and the Mo- 
ney was not paid, i^c. and Sentence was given in the 
Admiralty againft the Ship ; and upon Motion for a 
Prohibition, it was denied by Holt, Chief Juftice, 
then alone in Court ; becaufe the Taking and Pledge 
being upon the high Sea, the Ship, by the Law of 
the Admiralty, fhall anfwer for the Redemption of 
the Mafter by his own Contraft. 

Ex relatione ni'ri Place, as appertaining to it. 

Motion was made for a Prohibition Ld. Raymond 
to the Court of Admir.ilty, where a Page 152. 
Suit was profeculcd againft a Ship, ^™^»« verf 
which the Mafter had hypothecated J'ff'''^'- 
for Neceffaries, being upon the Sea in 
Strefs of Weather ; and the Suggcftion was, tint 



• Lex Qleroii. Judg. 2. 
L 3 



the 



76 



0/ S H I P S, &c. 



the Agreement was ir.ade, and the Money lent upon 
the Land, I'iz. in the Port of I.om/i/!, it being a Ve- 
netian VelFel, which came here by the wav of Trade, 
and not Strefs of Weather ; hut per Holt, Chief Jiillice, 
the Mafler of the Ship has Power to hypothecate 
it, but he cannot fell it ; and by the Pawning, the 
Ship becomes liable to Condemnation : This was 
refolved in folemn Debate, in the Cafe 
Co/liir^ veiC of Cojlar/l, v. Leivjlie, 2 TViH. and 
Leivjiie. Mar. B. R. Then there is no Remedy 

here for the Hypothecation, but by 
way of Contract : Therefore, fince the King's Bench 
cannot do Right to the Parties, it will not hinder the 
Admiralty from doing them Right; for if the King's 
Bench allows the Hypothecation, and yet denies the 

Remedy, it will be a manifefl: Contradi£tion. 

An ASion was brought upon the Stat. 2 Hen. IV. Cap. 
II. for fuing in the Admiralty upon an Hypotheca- 
tion, and it was held to be out of the Statute, in the 
Time of the Lord Hale. And as to the ObjeSion, 
that the ContraS was made upon the Land, and the 
Money paid there, it muft of NeceiTity be fo ; for if 
a Man beinDiflrefs upon the Sea, and compelled to 
go into Port, he muft receive the Money there, or 
not at all. And if his Ship be impaired by Tempeft, 
fo that he is forced to borrow Money to refit, other- 
wife fhe will be lofl ; and for Security of this Money, 
he pledges his Ship, fince the Caufe of the Pledging 
arifes upon the Sea, the Suit may well be in the Ad- 
miralty Court : But becaufe there was a Precedent, 
where a Prohibition in fuch Cafe had been granted, 
the Court granted the Prohibition, and ordered the 
Plaintiff to declare upon it, for the Law feemed clear 
to them, as before is faid. 

The Defendant, as Executrix to 
S. C. I. Salk, the Mafler of a Ship, libelled in the 
33. Cnrth. Admiralty Court for the Wages owing 

518. Ld./^rt>- to the Teftator, by the Owner; up- 
mond, P- 576, on which the Plaintiff, to have a Pro- 
577> 578- hibition, fuggefted the Stat, of is,Ric. 

II. Cap. 3. that the Admiralty Court fhall not have 
Cognizance of ContracTts made upon the Land, and 
(hews this Contraft to have been made upon the Land, 
tff. and this Cafe was moved in feve.i-al Terms, but 
oppofed ; and the Council for the Pro- 
C.lay verf. hibition argued, that Prohibitions are 

Snslgrave. grantable de jure, and are not difcre- 

tionary in theCourt, /?<yOT. 3, 4. That 
the Cafe in //7«f^. ^f/). 8. was the firft Cafe where 
a Prohibition was denied, in cafe of a Suit by Mari- 
ners tor their Wages in the Admiralty Court, and 
the Denial was grounded upon Compaflionate Rea- 
fons, becaufe they were poor Men, and becaufe 



there they might join in Aflion, but here they muff' 
fever; but the faid Cafe is contrary to the Reafon and 
Grounds of the Law ; for where the Contraft is 
made upon the Land, tho' the Service was done 
upon the Sea, it is out of the Jurifdiction of the Ad- 
miralty; and fo vice verfa, if the Service was done 
upon the Land, and the Contrail upon the Sea, 1 2 
Co. 79, 80. Staunf. 51. b. H'jb. 212. A Confulta- 
tion is always denied in cafe of a Suit by Mariners, 
if there is a Charter-party ; and the Seahng of a 
Writing cannot make any Difference in Reafon, 
Raym. 3. a Prohibition granted where the Mafter 
libelled alone ; and e contra, it was faid for the De- 
fendant, that the Cafe of Mariners was now fettled-, 
and ought not tobeftiired; but that tlie great Rea- 
fon why they are permitted to fue there is, the Ship 
is the Debtor, and by the Law of the Admiralty 
they may attach her, which they cannot do by the 
Common Law ; and in the Admiralty Court they 
may all join in Suit, whereas by the common Law 
they muft bring feveral Aftions : That the Cafe of 
the Mafter is not different, for the Ship is Security; 
to him, and he is but a ALariner, and his Wages are 
Wages at Sea; but however, where the M-after dies 
in the Voyage, as he did in this Cafe, there can be 
no Reafon to exclude his Executors from fuing in 
the Admiralty, becaufe he had no Opportunity of 
bringing his Wages to Account with the Owners. 
And in 2 Fent. 181. Alii fan. \. Marp, the Purfer, 
tho' an Officer of the Ship, was allowed to fue for 
his Wages in the Admiralty. And in 2 Keb. Tjg. pL 
6. Rex. V. Pike, a Prohibition was denied, where 
the Mafter and Mariners joined in a Suit in the Ad- 
miralty for their Wages, (but Holt faid, that a Pro- 
hibition ought to have been granted quoad in the faid 
Cafe) and he cited a Cafe Hil. 27 and 28. Car. 11. 
C. B. between Cooker and Older, where Atkins and 
Ellis, Juftices, were of Opinion, that a Prohibition 
ought to be granted to the Suit in the Admiralty 
Court, by the Mafter of a Ship for his Wages, tho' 
North, Chief Juftice, and Wyndbam, Juftice, held 
the contrary Opinion. But Holt, Chief Juftice, 
faid, that it is an Indulgence, that the Courts at 
Wejlminjler per;nit Mariners to fue for their Wages 
in the Admiralty Court, becaufe they may all join in 
Suit ; and it is grounded upon the Principle, quod 
communis error facit Jus ; but they will not extend 
it to the Mafter of the Ship, efpecially if he was Maf- 
ter at the Beginning of the Voyage here in England, 
and the Contraft was made with him here. Pof- 
fibly if the Mafter of a Ship died in the Voyage, 
and another Man took upon him the Charge of 
the Ship upon the _Sea, fuch Cafe might be dif- 
ferent. 



O/ S H I P S, ^c. 



ferent. As in the Cafe of Grofwick v. Louthfly, 
where it was held in this Gcrurt lately, that if a Ship 
was hypothecated, and Money borrowed upon her 
at Amjierdam, upon the Voyage, he who lent the 
Money may fue in the Admiralty for it; and this 
Court granted a Confultation in the Cafe : But in 
another Cafe, where the Money was borrowed upon 
the Ship before the Voyage, the King's-Bench gran- 
ted a Prohibition, and the Parties acqaiefced under 
it. There are many Precedents in the Court of 
Admiralty, of Suits by the Mariners for their 
Wages, but none for the Mafier of the Ship : And 
the Cafes differ ; for the Mariners contraff upon 
the Credit of the Ship, and the Malfer upon the 
Credit of the Owners of the Ship, of whom gene- 
rally he is one, i^c. It was moved that the Court 
would compel the Plaintiff to put in Bail to the Ac- 
tion to be brought for the Wages at Common Law, 
or otherwife deny the Prohibition, which itwasfaid 
had been done often : Holt, Chief Juftice, confefTed 
that the Court had fometimes interpofed, and pro- 
cured Bail to be given, but it was by Confent, and 
in Cafe of the Proprietor himfelf; but in regard 
that in this Cafe the Plaintiff was a Purchafer without - 
Notice, there was no Reafon, and a Prohibition wa& 
granted. 

Ballam libelled in the Admiralty 
S. C. I Salk. againfl a Ship of Norivat, for that 
34- fhe being in great Diftrefs for want 

Ld. Raymond, of an Anchor and Cable, the Mafter 
p. 805, 806. contraded with Ballum, who deli- 
vered them on board, i^c. upon 
which a Motion was made in this Court for a Pro- 
hibition to be diredfed to the Judge of the Admiral- 
ty, to prohibit him from proceeding in the faid Suit, 
upon a SuggefiJon that the faid Con- 
Mich. Term, traft was made upon the Land, viz. 
lAnn. Reg. at Ratcliff, upon the River Thames, 
Ju/lin\tx{. the faid Ship being then there; and 

Ballam. a Rule was made that the Defendant 

lliould fhew Caufe why a Prohibition 
fhould not go; upon which it was fhewed for Caufe, 
I. That of late Times the Admiralty had been always 
encouraged, and that they ought to have Cognizance 
of all Things incident to the Navigation, therefore 
they Ihall have Cognizance of a Suit for Mariners 
Wages. 2. That in this Cafe, the Defendant would 
be without Remedy, if a Prohibition fhould be 
granted ; becaufe the Mafter of the Ship with whom 
the Contraft was made, was dead, and the Part 
Owners were Foreigners. 3. That the ContraS 
being upon the Land, will not hinder the Admiralty 



11 

to hold Plea, as was held in the Cafe 
of Cojlard v. Leivjiie, where a Libel 2 Roll. Rep. 
was in the Admiralty againft a Ship m. 9. 
upon a Hypothecation made of her at 
Land, and that appeared upon the Inftrument of 
Hypothecation, which mentioned it to have been 
made at Rotterdam ; and yet a Prohibition was de- 
nied after great Confideration. Now here, though 
the Anchor, i^c were fold upon the Land, yet the 
Strefj of Weather which difabled the Ship was upon 
the high Sea, and therefore the original Caufe being 
within the Jurifdidion of the Admiralty, will draw 
the Refidue to it as incident ; fed non allocatur. For 
per curiam, this is not like the Cafe of Cojlard v. 
Lezvjlie, i. Becaufe it does not appear in this Cafe, 
that this Ship was in her Voyage when fhe became in 
Diftrefs, for want of an Anchor, idc. and at the 
Time of the Contrad. 2. There was no Hypothe- 
cation here, as there was in the Cafe cited ; now 
where there is an Hypothecation, if the Admiralty 
fhould be prohibited to proceed, i^c. the Party would 
be without Remedy, for no Suit can be againft the 
Ship at Common Law upon it. Now it is true, that 
by the Maritime Law, every Contract with the 
Mafter of a Ship implies an Hypothecation ; but it is 
otherwife by the Law of England ; therefore this 
being a Contract made with the Mafter upon the 
Land, it is the common Cafe ; the Admiralty cannot 
have Cognizance of fuch a Suit, and therefore a 
Prohibition was granted: But at the Importunity of 
the Defendant's Council, the Court gave order that 
the Plaintiff fhould declare upon it, l^c. 

Watson was Mafter of a Mer- 
chant Ship, which was taken at Sea S. C. Salk. 35. 
by 2. French Privateer : Watfon agreed Ld, Raymond, 
with the Captain of the Privateer for P-93'> 93^ 
the Ranfom of the Ship and Goods 933' 934- 
at 1200/. and as a Pledge or Securi- ^•""^'- verf 
ty for the Payment of the Money, ^'^"• 
^a//o« was detained and carried \n\.o France ; but the 
Ship and Goods were releafed and brought into 
Brijlol, where the Ship was unladed and the Goods 
landed, (after Cuftom paid) and delivered to one 
Day ; but whether in Truft for the Benefit of the 
Mafter, or for the Ufe of the Owners, 
was not agreed. Watfon commences Trin. Term, 
his Suit in the Court of Admiralty 2 Ami. Re- 
againft the Owners, to compel them g'f^s. 
to pay the 1200/. and redeem him ; 
and thereupon a Warrant was ifTued out of the 
Court to arreft the Ship and Goods, in quadam caifa 
falvagii, in order to compel the Defendant to ap- 
pear 



0/ S H I P 



7.^ 

pear there, and the Ship and Goods were feized 
thereon : A Prohibition was prayed as to the Goods, 
fuggefting the Seizure on Land infra corpus comita- 
tiis, and lb not within their Jurifdiaion ; it was in- 
filled that the Mailer had no Power to make fuch an 
Agreement, nor to fubjefl: the Goods to the Pay- 
ment of hid Ranfom, without the exprefs Authority 
and Confent of his Owners. The Power of Hy- 
pothecation in a Voyage for NecelTaries is incident 
to his OiRce, and allowed for the NecelTity of the 
Thing, and the Benefit of the Owners ; but this is 
not lb, for this is a Redemption, and a new 
buying of the Ship ; and if this be allowed lawful, 
it Will give a Power to the Mailer to do an Injury 
to the Owners, by obliging them to the Performance 
of an Agreement of his making, upon any Terms 
never lb unreafonable, and to compel them to pay 
more than the Ship and Goods are worth, as the 
Agreement in this Cafe is : Befides, the Power of 
the Mafter is only over the Ship, and he has no 
Power over the Goods and Lading, to make any 
Difpofition thereof. Admitting the Mafter has fuch 
Power to fubie6t the Goods to the Payment of his 
Ranlom, yet he ought not to bring the Suit in his 
own Name, but the Suit ought to be carried on in 
the Name of the Vendee, or Purchafer of the Goods. 
Admittins;the Suit proper, yet the Seizure is illegal; 
for the Court of Admiralty cannot award fuch Procefs, 
as their firit Procefs to compel the Party to appear, 
in the Nature of an Execution againft the Goods ; 
and they can no rnore begin with fuch Procefs than 
an inferior Court ; and as a Prohibition fhall be 
awarded to an inferior Court, in fuch Cafes, lb ought 
it in this, tho' the Party have not yet appeared, nor 
any Libel be as yet exhibited, and fo 
Sulk. 31, was it done in the Cafe of Capt. Saiidt 

and Sir JoJJah Child, 5 IVill. and 
Mar. 
On the other Side it was infilled, that no Prohibi- 
tion ought to go in this Cafe, for that the Mailer has 
Power in this Cafe, to fubjed the Goods to the Pay- 
ment of his Redemption ; and it is founded on the 
fame Reafon as his Power of Hypothecation, the Ne- 
celTity of the Thing, and the Benefit of the Owners, 
by parting with fome Paf t of the Goods to fave the 
ref^, whereas otherwife the whole would have been 
loll ; fo is iMoHoy 213,214. Hob. 1 1 , I 2. but this being 
a Matter and a Caufe properly w ithin the Jurifdittion 
of the Court of Admiralty, Ihall be determined there-: 
And in a Maritime Caufe, whereof they have Cogni- 
zance, the Procefs of the Court may be executed upon 
Land, infra corpus eo-mitatus, i^c. As to the Objedi- 
onthat the Suit in curia admiralitatis, ought not to be 



C. 



in the Mailer's Name; it was anfwered, that it is mod 
proper in his Name, for the Captors to whom 
the Ranlom belongs, and who have the Mafler in 
their Cullody, cannot fue in their own Name, be- 
caufe they are Enemies; but if the Suit be not carried 
on between proper Parties, it is good Caufe for an Ap- 
peal, and Ihall be determined by the Rules of the Ma- 
rine Law, but it is no Ground for a Prohibition. But 
admitting the Merits of the Caufe to be againll the 
Mafler, yet the Owners came too loon for a Prohibi- 
tion before they have appeared, and before any Libel 
exhibited, fo that it cannot appear to this Court what 
the Nature of the Suit is. 

The Court defired to hear a Civilian before they 
made any Rule in this Cafe, and accordingly Dr. Lane 
attended iov yhtVXimKx^i, in curia admiralitatis : He ar- 
gued, that Salvage, or caufa Salvagii, as it is mention- 
ed in the Warrant, is of Admiral Jurifdiflion; that 
the Mailer reprefents both the Owners of the Ship and 
the Traders, and has a Trull repofed in him, which 
extends to the Goods as well as the Ship; the Mailer 
may detain the Goods of the Merchant for the Freight 
of the Ship, or Wages of Mariners. The Mafler in 
this Cafe, by the marine Law, hath an Hypothecation 
of the Goods to him, to keep till Payment be made of 
the Money agreed, and not only a bare PoffelTion ; and 
therefore though he depart with the Poffeflion of the 
Goods before Payment, that does not divert his Inte- 
reft. The Goods were in the Power and Pofl'elTion of 
the Enemy, who might have kept or deftroyed them 
all, if they had not been redeemed by the Mafler, 
which is for the Benefit of the Owners. Redemption, 
is a Redemption by the Mafler, and gives Security 
for the Payment of the Money agreed, by fubje£ling 
his Perfon as a Pawn or Pledge, fo that he has, as it 
were, paid for the Goods. This Power of Redemp- 
tion is not founded on the Rbodian Laws, or the Laws 
of Oleron, but arifes from the Cuftom and Law of 
Nations, and the fame Cuftom or Laws gives the 
Mafler in this Cafe an Intereft in the Ship and Goods. 
It was agreed by the whole Court, that no Prohibi- 
tion fliould be granted in this Cafe. 

Hit, Chief Juftice, faid (after other Things) that 
it fcemed very jiift and realbnable in this Cafe, that 
the Owners of the Goods ought to pay the Redemp- 
tion. If a Pirate fliould take the Ship and Goods, and 
the Mailer redeem them, the Owners fliall make him 
Satisfablion; and then much more in this Cafe, when 
taken by an Enemy. When the Mafter makes a Com- 
pofition for the Benefit of the Owners, it is highly rea- 
lbnable iliat he fliould be indemnified. The whole 
Ship and Goods would have been Prize, if he had 
not made this Compofition; therefore where there is 

an 



0/ S H I P S, &c. 



79 



manJfp.gSzt 

983,&984. 

TV/H.Term 

2Jmi. Reg. 

Johnfon 

vtxi.Shipfien. 



an inftant Danger of lofing Ship and Goods (is in this 
Cafe, when they were under the Capture and Power 
of the Enemy) and no Hopes of faving them then ap- 
pears (though afterwards it may happen that the Ship 
may be refcued on frefh Purfiiit) cannot the Mafler 
make fuch an Agreement as this, as well as he may- 
throw Part of the Goods overboard, in cafe of a Tem- 
pefl, to fave the refl; ? The Mafter has the Cuftody 
and Care of the Ship and Goods: Suppofing then that 
the Mafler has fuch a Power of compounding, the 
Goods then remain to him as a Security, and he may 
detain them till Payment, as he may for Freight ; but 
then it is to be confidered, whether, when he has 
once delivered them to the Owner, or to his Ufe, he 
has not departed with his Security, and has no Way 
to come at .them again, as it is in Cafe of Freight? 
Thefe Things are confiderable if we go into the 
Merits of the Caufe, but that not being before us, I 
give no Opinion therein. 
S C Salk. ^ Sl^'P ^3' outward bound to 

3c. L.Ray- and being in Diftrefs at Sea in her Voyage, 
put into Bojlon in Nczv-Englnnd, and there 
the Mafter took up Money, which he ap- 
plied in NecefTaries for the Ship; and, as 
a Security for the Re-payment, by way of 
Hypothecation, made a Bill of Sale to the 
Party of Part of the Ship, who now libel- 
led in the Court of Admiralty againft the Ship and 
Owners, to compel the Payment of the Money. Ser- 
jeant Darna// moved for a Prohibition, andaD.aywas 
given to hear Counfel on both Sides. On the Day, 
Serjeant Darnall infifted, that as this Cafe is, there 
ought to go a Prohibition, becaufe it appears upon the 
Face of the Libel, that this Hypothecation was upon 
Land in Port, viz. ztBoflon, and not upon the Sea, as 
it ought to be, to give that Court a Jurifdiflion. Be- 
fides, this appears to be a Bill of Sale of Part of the 
Ship, upon which the Party may have his Remedy at 
Common Law, and not a proper Hypothecation. 
Alfo the Proceedings are againfl: the Owners as well as 
againft the Ship ; and if the Owners are liable, they 
are chargeable at Common Law. 

Mr. Chefiyre, againft the Prohibition. It makes 
no Difference whether the Hypothecation were upon 
the Sea or upon Land, being done in a Voyage ; and a 
Prohibition has been denied upon the fame Point as in 
this Cafe, in this Court, between Cajfart and Lawdjley, 
Trin. I M'^m. dic Mar. where the Hypothecation was in 
Port, viz. at Rotterdam. The fame was adjudged here, 
Hil. 1696, between Beitoir and Jeffrys; and about a 
Yearfince, between Jujfin and Ba/lam, a Prohibition 
was granted, becaufe it did not appear there was any 
Hypothecation. In this Cafe the NecefTity of the Thing 
requires that it be done at Land, and it would be pre- 



judicial to Navigation, if this Suit In the Admiralty 
Ihould not be. 

Holt, Chief Juftice. The Cafe of Cofart and 
Lavudfley was the fame as this ; and there, on a 
Demurrer to a Declaration in a Prohibition, a Con- 
fultation was awarded by the whole Court. When 
an Hypothecation is made, either for Money to buy 
Neceffaries, or for NecefTaries for the Ship in a 
Voyage, the Court of Admiralty liave a Jurifdiction, 
for the Party has no other Remedy ; we cannot give 
him any Remedy againft the Ship ; and if the Suit 
there fliould not be allowed, the Mafter will have no 
Credit to take up Neceffaries for the Ufe of the 
Ship. 

Pozvel, Juftice, of the fime Opinion. 

Hdt, Chief Juftice. No Mafter of a Ship can 
have Credit abroad, but upon the Security by Hy- 
pothecation ; and iTiall we hinder the Court of Ad- 
miralty from giving Remedy, when we can give 
none ourfelves ? It will be the greateft Prejudice to 
Trade that can be, ' to grant a Prohibition in this 
Cafe. Indeed, if a Ship be hypothe- 
cated here in England before the Voy- See before. 
age begin, that is not a Matter within 
the Jurifdiftion of the Court of Admiralty, for it is 
a Contraft made here, and the Owners can give 
Security to perform the Contra£t. Which /"svU.V a- 
greed. 

Holt, Chief Juftice. There is no Difference whe- 
ther the Hypothecation be alledged in the Libel to 
be made in Port, or appears fo to be by the Sug- 
geftion, as it was in the Cafe of Coffart and LaivdfJey ; 
and as to what you fay that this is a Bill of Sale, and 
fo a Rernedy at Law, that is not fo, for the Mafter 
has no Authority to fell any Part of the Ship, and his 
Sale transfers no Property ; but he may hypothecate. 
And fince the Proceedings in the Court of Admiral- 
ty are againft the Owners, as well as againft the Ship, 
let a Prohibition go quoad the Proceeding againft the 
Owners, and let them go on to condemn the Ship. 
To which the reft of the judges agreed. 

The preceding few Cafes may ferve to fliew the 
Power lodged in the Captain to engage his Ship for 
Payment of what Cafh he may take up for his Re- 
pairs and Ufe ; and though the Law difallows of his 
felling her, yet fhe is obliged for the fulfilling his 
Contra£ts fo far as her Value, and that of her Freight 
(as has been fhewn before ;) though he on his Part 
muft give a juft Account to the Owners, how the 
Money he has received was expended, and is con- 
fequently anfwerable to them for the fame, and to 
aO. up to the Truft repofed in him, and the good Con- 
duit expefted from him. 

Hfc 



8o 



0/ S H I P 



He mud not carry any counterfeit 

! J R. U. Cockets, or other ticliti'ous and co- 

'^' '■ lourable Ship Papers, that may oc- 

csfionally involve the Goods of the Innocent with 

the Nocent. 

Nor muft he refufe the Payment of 
Leg. Oleron. any jull and ordinary Duties, and Port 
-4- Charges, Cuftoms or Imports, to the 

Hazard of any Part of his Lading; yet if he offers 
that which is due and he ought to pay, then he is ex- 
cufed. . . 

Every Mafter ought carefully to examine his Rig- 
ging and Tackle before proceeding on a Voyage, 
that he may not fail with any infufficient and defec- 
tive • nor ought he to go with fewer or fmaller Cables 
than is ufual and requifite for a Ship of equal Burthen 
with his ; for if any Damage happens in delivering 
the Goods, either into a Lighter or otherwife, by 
the Breaking of a Rope or the like, he mufl: be an- 
fwerable for it; but when once out of his Cuftody, 
-he IS no farther refponfible ; fo that if on taking 
them out of the Lighter, at the Wharf or Kay, they 
are any Ways damnified, the Wharfinger then (and_ 
not the Mafter'i mull be accountable for it. But if 
■fine Goods, or the like, are put into a Clofe-Lighter, 
to be conveyed from the Ship to the Kay, it is ufual 
in this Cafe for the Mafter to fend a competent Num- 
ber of his Mariners to look to the Merchandize ; and if 
any Part thereof be loft or embezzled, the Mafter 
is refponfible *, and not the Wharfinger; but if fuch 
.Goods are to be fent aboard a Ship, there the 
Wharfinger, at his Peril, muft take care the fame be 
prefcrved. 

On his Arrival at his deftined Port, 
1 8 Eliz. c. 9. i^ij j^rft Care ftiould be to fee his Ship 
14 Car. 11. ^^,g]| anchored and moored ; and after 
Cap. II. flie is reladen, not to depart till fhe is 

cleared ; for if any Damage happens through his, or 
his Mariners, Fault o.- Neglefl, whereby the Cargo 
is prejudiced, he muft anfwer the fame. 

And . as the Law fubjedls him to 
Digeft. 1. cum ^j^^ aforefaid Things in Port, fo it does 
d ^'^^h° ^° many others in his Voyage ; as that 

e Fro a . .^. ^^ (jgviatcs in his Courfe without juft 

Caufe, or fleers a dangerous and unufual one, when 
he may have a more fecure Pafiage (though to avoid 
illegal Impohtions he may fomewhat change it) nor 
may he fail by Places infefled with Pirates, Enemies, 
or other Places noiorioufly known to 
Lib. 1. Cod. be unlafe, nor engage his \'efiel a- 
de Navibus niong Rocks, or remarkable Sands, 

non excul. ,iot being necefliiated thereto, by Vio- 

lence of Wind and Weather, or 
deluded by falfe Lights. 
* Paftbo 26. O//. 'lukd at Guild-Hall hy L. C. J. /fo//. 



No A'lafter is anfwerable for the Contra<^3 of his 
Mariners, but they may be detained for their 
Crimes. 

He that -will charge a Mafter with a Fault, in rela- 
tion to his Duty, by the marine Law, muft not think 
that a general Cliarge is fufficient, but he ought to 
aftign and fpecify the very Fault wherewith he is fo 
charged. 

So he that will infer, that fuch or fuch a fad Dif- 
after hath happened, or been occafioned by reafon of 
fome Fault in the Mariners, muft not only prove the 
Fault itfelf, but muft alfo prove that that Fault 
did difpofe to fuch a fad Event ; or th,it fuch a Mif- 
fortune could not have happened, without fuch a 
Fault precedent. 

If an Infant, being Mafter of a 
Ship, contratfs to bring Goods from i Rolls Abr. 
any Part to England, and there to 53° 
deliver them, but does not deliver F'"»" vers, 
them according to Agreement, but ^""'"■ 
waftes and confumes them, he may be fued in the Ad- 
miralty Court, although he be an Infant ; for this 
Suit is but in Nature of a Detinue, or a Trover, and 
Converfion at the Common Law ; and a Prohibition 
denied for that Caufe. 

A Mafter can let out his Veftel to freight, take in 
Goods and PaiTengers, mend and furnilh his Ship ; 
and to that Effect, he may (if need be) in a llrange 
Country, borrow Money upon the Ship, fome of the 
Tackle, or fell fome of the Merchandize; and in 
this latter Cafe, the higheft -Price that the Remain- 
der is fold for, muft be paid to the Merchant or 
Owner of them, who in return muft pay Freight as 
well for what (through Neceftity) was fo fold, as 
for what remained. Leg. Oleron. i . But if the Ship 
in the Voyage afterwards ftiould happen to be call 
away, then only lliall be tendered the Price that the 
Goods were bought for. 

By the Common La-jj, the Mafter of a Ship could 
not impawn the Ship or Goods ; for any Property, 
either general or fpecial, was not in him, nor is fuch 
Power given unto him by the Conftituting of him a 
Mafter. Yet the Common Lavj hath 
held the Law of Oleron reafonable, iff. Oleron. 
that if a Ship fprings a Leak at Sea, e. 22. 
or is in Want of VnSfuals, and other ^"^- "• '2. 
Necefl'aries, whereby fhe is either in 4^ ^5^' 
Danger, or the Voyage may be de- \^ 95- 
feated, that in fucii Cafe of NccelTity , '' "i!,' 
the Mafter may impawn tor Money, £ ^ ,2 
or other Things, to relieve fuch Ex- Salk. iA..pl. ~. 
tremities, by employing the fame to 
that End ; and therefore he being the Perfon trufted 

with 



OfSHlF 



^c. 



8i 



•with the Rliip and the Voyas^e, may be reafonably 
thought .to have the Power given to him iinphcitly, 
rather than to fee the whole loft. 

But a Maficr, i'or any Debt of his own, cannot le- 
gally impawn or hypothecate tiie Ship, fifr. for the 
fame is no ways liable, but in cafe ot Necelhty, for the 
Relief and ccmpleating of the Voyage. 

Nor can he fell or difpofe of the fame, 

p; ./- without an Authority or Licence from 

^•!</?iRolls the Owners; and when he docs impawn 

Abr. 530. or hypothecate the VelTel or Furniture, 

fl. 2. he ought to have the Coiifent and Advice 

of his Mariners. 
Peer Will. A Ship being repaired, i^c in the 

367. Thames, is not liable, but the Owners. 

L. Riiym. Though the Mafter cannot on every 

152. Judg- Cafe of NecefTity impawn the Veffel or 
meinO/fM)« Furniture; for it fhe be freighted, and he 
Cap. 22. (being an Owner) is to join with the refl 
in buying Provifions for the Voyage, and perhaps he 
wants Money (a great Sign of Necellity) yet cannot 
he impaun the VelTel or Furniture, otherwife, or for 
more, than his own Share m her, the which he may 
transfer and grant, as a Man may do an eighth or filth 
Part in Land orHoufes; but fuch Obligation of the 
Veffel muft be in foreign Parts, or Places where the 
Calamity or NeceiTity is univerlal on the Veffel, that 
will oblige all the Owners. 

If the \'en'cl happens afterwards to be caft away, 
and the Mariners by their great Pains and Care reco- 
ver fome of the Wreck and Lading, the Mafler in 
that Cafe may jiledge the fame, and diftribute the Pro- 
duct among his diflrefled Sailors, in order to the car- 
rying tliem home to their own Country: But if the 
Mariners no way contributed to the Salvage, then their 

Reward is lofl and funk with the Veffel. 
Ditto, Cap. And if there be any confiderable Part of 
3- the Cargo faved, he ought not to difmifs 

the Mariners, till Advice from the Freigh- 
ters or Laders ; for otherwife perchance he may be 
made liable. 

If Merchants freight a Veffel at their 
Leg. Oleron. own Charges, and fct her to Sea, and fhe 
Cap. 2z. happens afterwards to lie Weather-bound, 

the Mafler may impawn either the Ship 
or Lading at his Pleafure, or at leaf! fuch as he could 
moft conveniently raife Money on, rather than fee the 
whole Voyage overfet or loll ; and if he cannot pawn 
?he Lading, he may fell the fiime, that is, fo much as 
is neceffary; in all which Cafes his Aft obliges; how- 
ever Orders and Inflructions from his Owners are as 
carefully to be regarded and followed as the Mngnet. 



When a Mafler (hall arrive with his 
Ship at Grave fend, he Ihall not be above iz Car. II. 
three Davs coming from thence to the Cap. 18. 
Place of Difcharge; nor is he to touch 
at anyKay or Wharf till becomes toC/jf/7cr/ Kay, un- 
lefs hindered by contrary Winds or Draught ot Wa- 
ter, or other jiift Impediment, to be allowed by the 
Officers: And likewife he or his Purler are there to 
make Oath of the Burthen, Contents, and Lading 
of his Ship, and of the Marks, Number, Contents, 
and Qi!alities of every Parcel of Goods therein laden, 
to the belt: of his Knowledge ; alfo where, and in what 
Port flie took in her Lading, and what Country Built, 
and how manned, who the Mailer during the Voyage, 
and who the Owners ; and in Out-Ports muft come 
up to the Place of Unlading, as the Condition of the 
Port requires, and make Entries, on Pain of 100/. — 
Nor is fuch a Mafter to lade aboard any Goods out- 
wards to any Place whatfoever, without entering the 
Ship at the Cuftomhoufe, her Captain, Mafter, Bur- 
then, Guns, Ammunition, and to what Place flie in- 
tends, and before Departure, to bring in a Note un- 
der his Hand, of every Merchant that fhall have laid 
aboard any Goods, together with the Marks and Num- 
bers of fuch Goods, and be fvvorn as to the fame, on 
Pain of 1 00 /. 

Note, There is a Lift of all foreign built Ships in the 
Exchequer. 

The Mate of a Ship, as well as a fingle L. Raymona, 
Mariner (or a Number of them) may fue P-39^'^32' 
in the Admiralty for their Wages, as the 
Mate only diff"ers from the Sailors in Title, being a 
Servant to the Mafter, with whom he contrads as the 
Mariners do. 

Upon a Morion for a new Trial in an Ditto,p.639. 
Adion for a Seaman's Wages, /7i//,Chief 
Juftice, faid, that if the Ship be loft before the firft 
Port of Delivery, then the Seamen lofe all theirWages; 
but if after ftie has been at the firft Port of Delivery, 
then they lofe only thofe from the laft Port of Delivery; 
but if they run away, altho' they have been at a Port 
of Delivery, yet they lofe all their Wages. 

Ex relatione nCri Janh, as appertaining to it. 



In an Adion brought for Mariners 
Wages, for a Voyage from Carolina to 
London, it appeared that the Plaintiff fer- 
ved three or four Months, and before the 
Shrp came to London, which was the de- 
livering Port, he was imprcffed into the 
Queen's Service, and afterwards the Ship 
W arrived 



L. Raymond, 
p. 1211, 
I 2 1 2. Mich. 
Term. 4^«« 
Reg. Wig- 
gins verf. 
Inghlon. 
Chandler 
\txi.Meade. 



E2 



0/ S H I P 



&?, 



c. 



arrived at the delivering Port; and ruled by H^lt on 
Evidence at Guildhall, that the Plaintiff fliould reco- 
ver pro tonto as he ferved, the Ship coming late to the 
tklivering Port. Afterw;irds in another Caufe in fuch 
an Aftion, it appeared, that the Plaintiff was hired 
by the Del'endant at Carolina, to ferve on board the 
JaneSloop, whereof the Defendant was Mailer, from 
Carolina io England, at 3 /./>t-rMonth ; that he ferved 
two Months ; then the Ship v/as taken by a French 
Privateer, and ranfomed ; and jufl: as fhe came off of 
Plymouth, the Paintiff was impreffed, ifc. and then 
the Ship came fafe into the River of Thames, where 
flie difpofed of her Cargo; and by H-Jt, the Plaintiff 
can have no Wages, the Ship having been took by 
the Enemy and ranfomed. IVIr. Raymond infilled, that 
in that Cafe he-fhould recover /iro rata, and that the 
Ufage among iVIerchants was fo, which Holt faid, if 
he could prove, it would do ; but wanting Proof of 
it, the Plaintiff was nonfuited. 

, _ , TheSuit here was forSeamens Wages, 

' -^g ' upon the Arrival of the Ship at Guinea. 
Brown \exi. P<''^^^h Juftice, faid, he remembered a 
Benn&aWos. Cafe of the like Nature, where a Suit was 
EnJl.Texm. commenced in the Court of Admiralty, 
J Ann. Reg. by Sailors for their Wages, upon the Ar- 
rival of the Ship at Neivfoundland; and 
tho' the Merchants all held it no Port of Delivery, yet 
the Court of Admiralty held the contrary; and fo did 
the Court of Common-Pleas, upon a Motion for a 
Prohibition. 

7 and 8 //■;//. Every Seaman that fhall ferve in any 
llI.Cap.21. of his Maieftv's Ships, or in anv Ship be- 
S. •". longing to any Suhjefls of his Majefty's 

Dominions, fhall allow out of the Wages for fuch 
Service, 6 d. per Menfetn, for Support of GreewMich 
Hofpital, y^. which monthly Allowance fhall be col- 
lected, as fhall be appointed by the Commiffioners for 
executing the Office of Lord High Admiral. 

Licences fliall be given by Order of 
Ditto, S.I 5. his Majefty, or the Commiffioners of the 
Admiralty, to any Landmen defirous to 
apply themfelves to the Sea Service, to ferve in Mer- 
chant Ships, or other trading \'elTels, which fhall be 
a Protedlion againft being impreffed, for two Years 
following the Date of fuch Licence ; provided that 
fuch Landmen bring to the Regifter two Inhabitants, 
or known in the Place where they fo enter themfelves, 
who lliall aficrt their Knowledge of fuch Landmen 
for two Years paft, and in what Bufinefs they have 
known them employed ; and if any Perfon ffiall vouch 
any one for a Landman, who fhall be proved to be a 
Seaman, he £hall forfeit 20 L and any Seaman taking 



another's Name, or any Perfon counterfeiting any Lt- 
cence, fhall forfeit 20 /. and be liable to fuch fur- 
ther Punilliment, as by Law may be infliiSled for fuch 
Mifdemeanor. 

For the better coUefting the Duties of 8 and cjWiU' 
6 d. per Men/em, granted by 7 Will. III. HI. Cap. 23. 
Cap. 21. it fhall be lawful for the Com- ^- '°- 
miffioners for regiflering of Seamen, or 
their Deputies, by Warrant, to caufe all A'laflers of 
Ships, not in his Majefly's Service, to appear before- 
them, and fuch Mafters upon Oath to examine, as to 
the Number, Wages, and Time of Service, of every 
Perfon belonging to fuch Ships ; and if fuch Maflers 
fhall refufe to appear, or iTiall obffinately refufe to give 
a Difcovery of the Matters aforefaid, upon their Oaths, 
fuch Offenders fhall forfeit 10/. to the Ufes mention- 
ed in the faid A6t, to be recovered by A6lion, is'e. 

Repealed as to the Rcgijlering of Seamen, hy 9 Ann. 
Ca/). 21. 6VA 64. 

The Commiflloners, ^c. fliall take the Ditto, S. 7^ 
folemn Affirmation of Quakers, inffead 
of their Oath. 

Forafmuch as diverfePerfons have per- 9 and 10 
fonated Seamen, who have ferved, or are ti^'H- HI- 
fuppofed to have ferved on board his Ma- ^*P- 4' • ^-l- 
jelly's Ships, and thereby have received Money at the 
Pay-Office, or elfewhere, and have alfo forged Let- 
ters of Attorney, or Bills of Sale, Aflignments, or laft 
Wills, in the Names of Perfons who have ferved, or 
were fuppofed to have ferved on board his M.ajefty's 
Ships, and do alfo procure Men and Women to perfo- 
nate,and diverfe wicked Perfons do of their own accord 
perfonate, the Wives, Relations, or Creditors of fuch 
Seamen, and thereby have falfely taken out Letters of 
Adminiftration to fuch Seamen, or have forged Let- 
ters of Attorney, Bills of Sale, or other Authorities, 
in the Names of the Executors or Adminiflrators of 
fuch Seamen, for the Receipt of fuch Wages ; every 
fuch Perfon, their Aiders or Abetters, that fhall be 
convi£led of the faid Crimes, fhall, over and above 
the Penalties infliSed by any Laws in force, forfeit 
200 /. with Cofls, i^c. 

No Will of any Seaman contained in Ditto, S. 6. 
the fame Inflrument, Paper, or Parch- 
ment,with a Letter of Attorney, fliall be good in Law. 

No Perfon fhall take more than i /. r\-.„Q c 
for the Seal, Writing, or fuing forth Let- ' 

ters of Adminiftration, granted to the Wife or Chil- 
dren of any Seaman, dying in the Pay of his Maje- 
fly's Navy, unlefs the Goods of fuch Seamen amount 
to 20 /. and if any Officer take more, he fhall forfeit 
to the Party grieved 10 /. 



It 



0/ S H I P E, &c. 



83 



e /ftr». Cap. It (hall be lawful for two Juftices of 

6. S.I. Peace, as alfo for Mayors, Aldermen, 

Bailiffs, and other chief Officers and Ma- 
giftrates of any City, or Town corporate ; and like- 
wife for the Church-Wardens, and Overfeers of the 
Poor of the feveral Parifhes, with the Approbation of 
fuch Juftices of the Peace, Mayors, i^r. to bind out any 
BoysoftheAgeoften Years or upwards, or who fliall 
be chargeable, or whofe Parents are chargeable to the 
Parifh, or who (hall beg for Alms, to be Apprentices 
to the Sea-Service, to any of her Majefty's Subje£l3, 
Mafters, or Owners of any Ship belonging to any Port 
w ithin England JVales, or Berwick, until fuch Boys fhall 
attain the Age of 2 1 Years ; and the Age of every fuch 
Boy (hall be mentioned in his Indentures, taken from 
a Copy of the Regiller-Book, wherein the Time of 
his being baptized is entered (where the fame can be 
had) which Copy (hall be given and attefted by the 
Minifler or Curate of fuch Pari(h, without Fee, and 
may be wrote without Stamp : And where no fuch En- 
try can be found, fuch Juftices, Mayors, ^c. (hall in- 
form themfelves of fuch Boy's Age, and infert the fame 
in the Indentures ; and the Age fo inferted, (hall be 
taken to be his true Age. 

The Church-Wardens and Overfeers 
Ditto, S. 2. of the Parifh, from whence fuch Boy 

fhall be bound Apprentice, (hall pay to 
fuch Mafter, at the Time of his Binding, 50/. to pro- 
vide Clothing and Bedding. 

The Overfeers of the Poor of every 
Ditto, S. 3. Townfhip or Village may execute the 

Powers hereby diredled. 

No fuch Apprentice fhall be impreffed. 
Ditto, S. 4. or fuffered to enter into her Majefty's 

Service, till he arrive to the Age of eigh- 
teen Years. 

The Church- Wardens and Overfeers 
Ditto, S. 5. fhall fend the Indentures to the CoUeftor 

of Curtoms, refiding at any Port where- 
un to fuch M afters of fuch Ships belong, who (hall en- 
ter all Indentures fo fent, and make an Endorfement 
of the Regiftry thereof, without Fee; and fuch Col- 
ledlor, ncgleQing to enter fuch Indentures, and in- 
dorfe the fame, or making fall'e Entries, ftiall forfeit 
5 /. for the Ufe of the Poor of the Pariih, from whence 
futh Boy was bound ; and fuch Colledfor fhall tranfmit 
Certi(ic3tes to the Admirnlty, containing the Names 
and Ages of every fuch Apprentice, and to what Ship 
he belongs; and upon Receipt of fuch Certificates, 
Proteftions ftiall be given for fuch Apprentices, till 
they attain their Ages of eighteen Years, without 
Fee; which Certificates are not required to be wrote 
on ftampcd Paper, ijc. 



Every Perfon to whom any poor Pa- Ditto, S. 6 
rifliBoy (hall be put Apprentice, accord- 
ing to 43 Eliz. Cap. 2. may, with the Ap probation o 
two Juftices of Peace of the County, dwelling in, or 
near, the Parifh where fuch poor Boy was bound, or 
with the Approbation of any Mayor, Alderman, Bai- 
liff, or other chief OfBcer or MagKlrate of any City, 
Borough, or Town corporate, where fuch poor Boy 
was bound by Indenture, turn over fuch poor Boy Ap- 
prentice to any Mafter of fuch Ship, for the remain- 
ing Time of his Apprenticelhip ; all which Indentures 
of Aftignment are to be regiftered, and Certificates 
thereof tranfmitted, by fuch ColleiEIor at the Ports 
where fuch Pari(h Apprentices (hall be fo alTigned 
over, in Manner aforefaid ; and ProteSions fhall be 
given for fuch Apprentices, till they attain their Age 
of eighteen Years. 

All fuch poor Boys, till they attain 
their Ages of eighteen Years, fhall be ex- Ditto, S. 7. 
empted from Payment of 6^./iifrMonth 
to Greenivich-Hofpital. 

All Mafters or Owners of Ships of thir- Ditto, S. 8. 
ty to fifty Tons, fhall be obliged to take 
one fuch Apprentice, and one more for the next fifty 
Tons, and one more for every hundred Tons fuch 
Ship ftiall exceed the Burthen of one hundred Tons; 
and fuch Mafter or Owner refufing to take fuch Ap- 
prentice, fhall forfeit 10/. for the IJie. of the Poor of 
the Parifh, from whence fuch Boy was bound. 

Every Mafter or Owner of fuch Ship, 
after his Arrival into Port, or before he Ditto, S. g. 
clears out, (hall give an Account under 
his Hand to the CoUedor of fuch Port to which he be- 
longs, containing the Names of fuch Apprentices as 
are then in his Service. 

Every fuch Apprentice fliall be fent to 
the Port to which hisMafter (hall belong. Ditto, S to. 
by the Church-Wardens and Overfeers 
of the Pariih from whence fuch Apprentice Is bound, 
the Charges to be provided, as the Charges for fending 
of Vagrants. 

The Counterpart of fuch Indentures Ditto, S.n. 
(hall be atterted by the Colledor at the 
Port, (where fuch Apprentices fhall be bound or af- 
figned over) and tJie Conftable, or other Officer, 
who fhall bring fuch Apprentices ; which Conftable, 
iSc (hall tranfmit the Counterparts of fuch Inden- 
tures, to the Church - Wardens and Overfeers of 
the Pariflies, from whence fuch Apprentices fliall be 
bound. 

Two Juftices of Peace, dwelling in or Ditto, S.iz. 
near the Ports, and all Mayors, Alder- 

M 2 men. 



84 



0/ S H I P 



S, 






men, Bailiffe, and other chief Officers and Magi- 
ftrates of anv C'lt)', Borough, or Town corporate, 
in, or near adjoining to fuchPort to which fiich Ship 
fhall arrive, fhall have Power to enquire into, and 
examine, hear, and determine all Complaints oi ill 
Ufage from the Mafters to fuch Apprentices, and 
alio of all fuch as fhall voluntarily put themfelves 
Apprentices to the Sea Service, as aforefaid, as in 
other Cafes between Mafters and Apprentices. 

Every fuch Colleftor fliall keep a 
Ditto, S. 13. Regifter, containing as well the Num- 
ber and Burthen of fuch Ships, toge- 
ther with the !Vf afters or Owners Names, as alfo the 
Names of fuch Apprentices in each Ship, belonging 
to their Ports, and from whatParifhcs fuch Appren- 
tices were fent, and fliall tranfmit Copies of fuch 
Regifter to the Quarter SefTions, or to fuch Cities, 
Boroughs, Towns corporate, Parifhes, or Places, 
when required, for which Copies no Fee fliall be 
taken, ^c 

Ever)' Cuftomhoufe Officer, at each 
Ditto, S. 14. of the Ports, fliall infert at the Bot- 
tom of their Cockets, the Number 
of Men and Boys on board the Ships, at their going 
out of every fuch Port, defcribing the Apprentices 
by their Names, Ages, and Dates of their Inden- 
tures, for which no Fee fhall be taken. 

Every Perfon, who fliall voluntarily 
Ditto, S. 15. bind himfelf Apprentice to any Maf- 
ter or Owner of a Ship, (hall not be 
impreft into her Majefty's Sea Service, during three 
Years from the Date of the Indentures, which In- 
dentures are to be regirtered, and Certificates thereof 
tranfmitted by fuch Colleclor, at the Port where fuch 
Apprentices fliall bind themfelves, as aforefiid ; up- 
on Receipt of which, Proteftions fhall be given for 
the faid tirft three Years of their Apprenticefliips, 



without Fee. 
Ditto, S. 17. 



When Parifh Children of the Age of 
eighteen Years, and other voluntary 
Apprentices fliall be impreffed, or en- 
ter into her Majefty's Service, the Mafters of fuch 
Apprentices fhall be intitled to able Seamen's Wages, 
for fuch of their Apprentices as fliall upon Examina- 
tion be found qualified. 

No Mafter fliall be obliged to take 
any Apprentice under the Age of thir- 
teen Years *, or who fliall not ap- 
pear to be fitly qualified, both as to 
Health and Strength of Body, for that 
Service ; and any Widow ot the Mafter of fuch Ship, 



4 and 5 Ann. 
Cap. 19. S. 
16. 



See the preceding AB, SeB. i. and'i. 



or the E.xecutor, or Adininiftrator of fuch Mafiet, 
v>'ho ihall have been obliged to take fuch Parifh Bovs 
Apprentice, Ihall have the fame Power of aftigning 
over fuch Apprentices, to any other Mafters of Ships 
who have not their Complement, as is given by the 
A£f, 2 Ann. Cap. 6. to fuch Perfons as have takea 
Apprentices in purfuance of 43 Eliz.. cap. 2. 

No Perfons of the Age of eighteen 
Years, lliall have any Protection from Ditto, S. 17 
her Majefty's Sea Service, who fhall 
have been in any Sea Service before the Time they 
bound themfelves Apprentices. 

To the Intent that 6d. per Men fern 
may be eff'eiEfually colledfed, every 10 Am. cap. 
Perfon that fliall ferveher Majefty, or 17. S. i, 
any other, in any of her Majefty's 
Ships, or in any Ships belonging to SuhjeQs of Greaf- 
Britain or Ireland, or Dominions thereunto belong- 
ing, and every Mafter working in his own Ship, 
whether employed upon the high Sea or Coafts, or in 
any Port, Bay, or Creek, (other than fiKh Appren- 
tices under the Age of eighteen Years, as are ex- 
empted from Payment of 6d. per Menfem, by 2 
Ann. Cap. 6. and Perfons employed in any Boat up- 
on the Coafts, in taking of Fifli, which are brought 
frefh on Shore into Great-Britain and Ire/and, and 
Perfons employed in Boats that trade only from Place 
to Place, within any River, or in open Boats upon 
the Coafts) fliall pay the faid 6d. per Men/em, for the 
Support of Greenwich Hofpital. 

The Mafter of every Ship, not in Ditto, S. 2. 
her Majefty's Service, is required to 
deduft out of the Wages accruing to fuch Seaman, 
6d. per Menfem, and pay the fame to fuch Officers as 
fhall be appointed by the Commiflioners for execut- 
ing the Office of Lord High Admiral. 

It fhall be lawful for the Commif- Ditto, S. 3. 
fioners executing the Office of Lord 
High Admiral, to appoint Receivers of the faid Du- 
ty, and to authorize fuch Receivers to depute the Col- 
leftors, or other Officers of Cuftoms, of the Out- 
Ports, and of the Ports of Ireland, or fuch other 
as they fliall think fit, to collecS the fame ; and it 
fliall be lawful for the Commiffioners executing the 
Office of Lord High Admiral, to make fuch Allow- 
ance to them out of the faid Duties, as they fliall 
judge reafonable. 

It fliall be lawful for the faid Recei- Ditto, S. 4. 
vers, or their Deputies, by Warrant, 
to funimon all Mafters, or (in their Abfence) the 
Owners of Ships, not in her Majefty's Service, to 
appear at the Office of the faid Receivers, i£c. (fo 
as the Perfon fummoned be not obliged to travel 

above 



Of SHIP s, &c. 



«5 



a'-iove ten Miles) which Receivers, or their Depntie?, 
are impowered to examine every fuch IVIader or 
Owner, as to the Number and Times of Service 
of ait Perfons belonging to fuch Sliips, who are 
chargeable with the faid 6d. per Mi-nfem\ and if 
fuch Mailers or Owners fhali refufe, when fummon- 
ed (not having; a reai'onable Excufe) to appear, or 
if they fhail obftinately refufe to mais.e Difcovery of 
the Matters aforefaid upon their Oath?, or ("hall ne- 
glect to pay the Mon'es due to the Hofnital with- 
in fourteen Days, after they fliall be cleared in- 
wards, fuch Offenders fhall forfeit zot. i£c. And if 
any fuch Mafter ihail attempt to go to Sea with his 
Ship before he hath paid the faid Duty for the Voy- 
age preceding, fuch Receivers, or their Deputies, are 
impowered to if op fuch Ship : and upon the Death or 
Removal of any Mafter, the Ovvners fhall deliver to 
the fuccceding Matter a true Account of the faid Du- 
ty due to the Hoipital, and Money fufficient for the 
Payment of the fame, and in Default thereof, fuch 
Receivers, or their Deputies, may flop luch Ship 
from proceeding to Sea. 

In all Cafes where by this A£l an 
Ditto, S. 5. Oath is required to be taken, the fb- 
lemn Affirmation of Quakers fhall be 
accepted inftead of fuch Oath ; and in cafe any Qua- 
ker fhall, upon fuch Affirmation, declare any Mat- 
ter which fhall be falfe, or if any other Perfon fhall, 
purfuant to this A61, willingly make a falfe Oath, he 
(being lawfully convifted) lliall fuffer like Punifli- 
ment, as Perfons conviQed of wilful Perjury. 
_ . _ , No private Contra<Sfs made by any 

' ■ ■ Seaman, fhall obftru£l or delay the 
Payment of the Duties appropriated to the laid Hd- 
fpital. 



Ditto, S. 7. 
Ditto, S. 8. 



tff 



This Aa fhall be a publick Ad, 



Nothing in this A£l fhall oblige 
the Payment of the 6d. per Menfem^ 
by any Mafters or Servants of the Hoys or VefTels 
belonging to the Port of London, and employed 
•within the North Foreland, in bringing Corn, Fifh, 
or other Provifions, for London. 

The Commiffioners of the Admi- 
Ditio, S. 20. ralty fhall confider as qualified for an 
Admiffion into the faid Hofpital, any 
Seaman who fliall offer himfelf to be admitted, and 
fhall produce a Certificate of his having been wound- 
ed or hurt in defending any Ship belonging to the 
Subjeds of her Majefty againft Enemies, or in tak- 
ing any Ship from the Enemy, and thereby difabled 
from Sea Service, nis Se£i. confirmed by 8 Geo. II. 
Cap. 29. Sef}. 10.. 



The Governors, Minifters, and 
Confuls, appointed by hi? Majefly in 7 Geo II. St. 
foreifrn Parts, or, where none fuch 2. Cap. 14. S. 
are rcfident, any tv^'o Britilh Mer- '^• 
chants there refiding, are required to 
fend and provide for all feafaring Men and Boys, 
Sub'Jefls of Great-Britain, that fhall, by Shipwreck, 
Capture, or other unavoidable Accident, be driven, 
or cafl away to fuch foreign Parts ; and the faid Go- 
vernors, C^e. are required to fuhfifl fuch feafaring 
Men and Boys after the Rate of 6d. per diem each, 
and to fend Bills of their Difburfemcnts, with pro- 
per Vouchers, to the CommiiTioners of the Navy, 
who are to caufe immediate Payment to be made of 
fuch Bills; and the faid Governors, We. fhall put the 
faid Men and Boys on board the firft Ship belonging 
to his Majefty that fhall arrive at any Parts within a 
convenient Diflance; and if no Ship of War fhall 
be withm a convenient Diftance, they fhall fend the 
faid Men and Boys on board fuch Merchant Ships as 
are bound for Great-Britain, and are in Want of 
Men to make up their Complement; but if neither 
Cafe happen, they iTiall provide a Paffage homeward 
for fuch Men and Boys in the firft Merchant Ship 
bound for Great-Britain ; and every Mafter of a Mer- 
chant Ship homeward bound from thence, fhall take 
on board lb many of fuch feafaring Men and Boy^ as 
the faid Governors, idc. fhall dire6f, not exceeding 
four for each hundred Tons of his Ship. 

Every Mafter of a Veflel who fhall 
produce a Certificate under the Hands Ditto, S. 13. 
of the faid Governors, i^e. certifying 
the Numbers and Names of the Men and Boys taken 
on board by their Diredlion, and the Time of taking 
them, and fhall make an Affidavit at his Return, 
fetting forth the Time during which he fubfifted 
them, and that he did not, during that Time, want 
of his own Complement of Men, or how many he 
did want, and for what Time, fhall receive from the 
Commiffioners of the Navy 6d. per diem for the Paf- 
fage and Provifions of each Man and Boy, from the 
Day of their Embarkation homewards, to the Day 
of their Arrival, or being put into Ibnie Ship of 
War ; 6d. per diem only being deduced for fuch Time 
as he wanted of his Complement. 

The feveral A6ls concerning the zGfo. II. c. 7. 
Duty of 6d. per Month, payable by S. i. 
all Seamen, for Support of Greenvjich 
Hofpital, fhall extend to all Ships belonging to his 
Majefty's Subjefls within the Iflands of Jerfey, 
Guernfey, Alderney, Sark and Man, and within all 
his Majefty's Dominions in America, as well as to 
thofe within Great-Britain and Ireland, 

For 



86 



Of SHIP S, ^c. 



Tor the better colIe£ling the faid 
Ditto, S. 2. Duty, it fhall be lawful for the Re- 
ceivers thereof to depute any Officer 
of the Cufloms in the feveral Ports of the faid Iflands 
and Colonies, or fuch other Perfons as they fhall 
tliink tit, to colleft the fame ; and the Commilfioners 
of the Admiralty may make fuch Allowance to them 
out of the faid Duty as they fhall judge reafonable. 

The Collegers of the Duty in the 
Ditto, S. 3. Ports of the iaid Iflands and Colonies, 
(hall fummon and examine upon 
Oath, all Maflers and Owners of Ships belonging 
to his Majefly's SubjeSs, as by 10 Ann. Cap. 17. 
And if any fuch Mafler Ihall negleft to appear and 
make fuch Difcovery, fuch Mafter, ^c. fliall forfeit 
ao/. Money of Great-Britain. 

y.- c All Mafters, ye. of Ships belonging 

' ' ^' to the King's SubjeQs within the faid 
Iflands or Colonies, fhall pay fuch Part of the faid 
Duty as fhall be due at their Arrival, and during 
their Continuance in Great-Britain or Ireland, within 
the faid Kingdoms; and fuch Part as lliali be due 
at tlie Time of their Return to, and during their 
Continuance in, the faid Iflands or Colonies, within 
the faid Iflands and Colonies; and ail Maflers, &c. 
of Ships belonging to any Subjeds of his Majefly 
-within Great-Britain or Ireland, who fhall trade from 
thence to any of the faid Wands or Colonies, fliall • 
pay the faid Duty of 6d. per Month, only in Great- 
Britain or Ireland. 

It fhall be lawful for the Receivers 
Ditto, S. 5. of the Duty, and their Deputies, by 
Warrant, to fummon and examine 
upon Oath all Maflers, idc. of Ships employed 
by the Navy, ViQualling, Ordnance, Cufloms, 
Poft-Oflice, or any other Publick Offices of the 
Crown, in the Service of his Majefty; and if fuch 
Mafter, i^c. refufe to appear, or to make Difcovery, 
or ftiall negled to pay the faid Duty, they fliall for- 
feit 20/. 

The Secretaries or chief Clerks of 
Ditto, S. 6. the Navy,yi-. ufually employing Ship- 
ping for the Service of his Majefty, 
ihall, on the firft of January in each Year, or within 
twent) Days following, deliver into the Office of the 
Receiver of the Duty in the Port oi London, a Lift of 
the Ships that, in the Year preceding, fhall have 
been employed by fuch Offices, and of all Ships 
which remain in the Service of fuch Of]ice, and of 
fuch as fliall be difchargcd, and of the Names of 
the Maflers, i^c. and the Numbers of Seamen em- 
ployed in every fuch Ship ; and no Treafurer, or other 
Ofiiccr belonging to fuch Otiicc, Ihail make out or 



pay any Bill for the Freight of any Ship fo employeS, 
or pay any Wages to any Mafter, ^c till fuch Maf- 
ter, (ie. lliall produce to fuch Treafurer, i^c. an 
Acquittance figned by the Receiver or his Deputy, 
whereby it fliall appear that fuch Mafter, i^c. hath 
paid the faid Duty oi 6d. per Month, and that he is 
not more than thirty Days in Arrear to the Hofpital ; 
and if any Default fhall be made, by any Secretary, 
yr. he fhall forfeit 50/. 

All Mafters of Merchant Ships or other private 
Veflels, liable to the Duty of 6d. per Month, fliall 
pay the faid Duty before any fuch Ships fliall be clear- 
ed Inwards, in any Ports of Great-Britain or Ireland, 
or the Iflands of Guernfey, ferfey, &c. or of the Co- 
lonies in America ; and no Officer of the Cuftoms 
fhall clear inwards any Merchant-Ship liable to the 
faid Duty, or grant any Warrant, or give or make 
out any Cocket, Tran/ira's, Returns or Difcharges 
to fuch Ships, nor fuffer them to go out of any Port, 
till the Mafter, fife, produce to the Officer an Ac- 
quittance figned by the Receiver, whereby it fliall 
appear, that fuch .'.laftcr, i^c. hath paid the faid 
Duty, and that he is not more than thirty Days in 
Arrear : And every Mafter of fuch Ship, who fhall 
negleft to pay the 6d. per Month, and alio every 
Otiicer of the Cuftoms who Ihall make Default in 
the Premifes fhall forfeit 20/. 

It fliall not be lawful for any Mafter 
of a Ship, bound beyond the Seas, to 2 Geo. IT. Cap. 
carry any Mariner except his Appren- 36. S. i. 
tices, from the Port where he was 
fliipped to proceed on any Voyage beyond the Seas, 
without firft coming to an Agreement with fuch 
Mariners for their Wages, which Agreement ftiali 
be made in Writing, declaring what Wages each 
Seamen is to have for fo long Time as they fliall (hip 
themfelves for, and alfo toexprefsin the Agreement, 
the Voyage for which fuch Seamen was fliipped ; 
and if any fuch Mafter fliall carry out any Mariner, 
except his Apprentice, upon any Voyage beyond the 
Seas, without firft entering into fiich Agreement, 
and he and theyfigning the fame, he fhall forfeit 5/. 
for every fuch Mariner to the Ule of Greemvich-Hof- 
pital, to be recovered on Information on the Oath of 
one Witnefs, (Jc. and in Cafe he refufes to pay the 
Forfeiture, it fhall be levied by Diftrefs, iSc. 

If any Seaman fliip himfelf on 
board any Merchant VeflTel, on an in- Ditto, S. 2. 
tended Voyage for Parts beyond the 
Seas, he fliall be obliged to fign fuch Agreement 
within three Days after he fliall have entered himfelf, 
which Agreement fliall be conclufive to all Parties 
for the Time contraded for. 

If 



Of S H I P S, 






87 



If any feaman fliali defert, or re- 
Diuo, S. 3. fufe to proceed on the Voyage, or 
ftiall defert in Parts beyond the Seas, 
after he fhall have figned fuch Contrafl, he fhall 
forfeit to the Owners of fuch Ship, the Wages due 
to him at the Time of deferting, or refufing to pro- 
ceed on the \'oyage. 

If any fuch Seaman fhnll defert, or 
Ditto, S. 4. abfent himfcif from fuch Ship, after 
he hath figned fuch Contradt, upon 
Application made to any Jufiice of Peace, by the 
Mafter, or other Perfon having Charge of the Ship, 
it {hall be lawful for i'uch Juilice to iffue his War- 
rant to apprehend fuch Seaman ; and if he fliall re- 
fufc to proceed on the Voyage, and fhall not give a 
fufficient Realbn for fuch Refufal, to the Satisfaftion 
of the Jufticc, to commit him to the Houfe of Cor- 
rection, to be kept to hard Labour, not exceeding 
thirty Days, nor lefs than fourteen. 

If any Seamen fliall abfent himfelf 
Ditto, S. 5. from the Velfel to which he belongs, 
without Leave of the Mafter, or other 
chief Officer having Charge of fuch Ship, he fliall 
for every Day's Abfence forfeit two Days Pay to the 
Ufe of Greenwich Hofpital. 

If any Seaman, not entering into 
Ditto, S. 6. the Service of his Majefty, fhall leave 
the Veffel to which he belongs, be- 
fore he fhall have a Difcharge in Writing from the 
Mafter, or other Ferfon having the Charge of fuch 
A'eflel, he ftiall forfeit one Month's Pay. 

On the Arrival of any Veflel into 
Ditto, S. 7. Great-Britain, from Parts beyond the 
Seas, the Mafters ihaii pay the Sea- 
men their Wages, if demanded, in thirty Days after 
the Veflel's being entered at the Cuftomhoufe (ex- 
cept where a Covenant fhall be entered into to the 
contrary) or at the Time the laid Seamen fliall be diY- 
charged which fliall firiT: happen, dedutfing out of 
the Wages the Penalties by this A£l impofed, under 
Penalty of Paying to fuch Seaman that fliall be un- 
paid, 20/. over and above the Wages, to be recover- 
ed as the Wages may be recovered ; and fuch Pay- 
ment of Wages fhall be good in Law, notwithftand- 
ing any Adion, Bill of Sale, Attachment, or Incum- 
brance whatfoever. 

No Seaman, by figning fuch Con- 
Ditto,- S. 8. tra<ft, fhall be deprived of ufing any 
Means for the Recovery of Wages, 
which he may now lawfully ufe ; and where it ftall 
be neceflary that the Contradl in Writing fliould be 



produced jn Court, no Obligation fliall lie on any 
Seaman to produce the fame, but the Mafter or 
Owner of the Ship ; and no Seaman {hall fail in any 
Adion or Procefs for Recovery of Wages, for want 
of fueh Contract being produced. 

The Matters or Owners of Ships 
{hall have Power to deduff out of the Ditto, S. 9, 
Wages of any Seaman, all Penalties 
incurred by this Aft, and to enter them in a Book, 
and to make Oath if required, to the Truth there- 
of ; which Book fhall be figned by rhe Mafter and 
two principal Officers belonging to fuch Ship, fet- 
ting forth, that the Penalties contained in fuch Book, 
are the whole Penalties ftopt from any Seamen during 
the Voyage ; which Penalties (except the Forfeiture 
of Wages to the Owners, on the Defertion of any 
Seaman, or on rcfufing to proceed on the Voyage) 
fhall go to the «Te of Greeinvirh Hofpital, to be 
paid and accounted for by the Matters of Ships com- 
ing from beyond the Seas, to the fame Officer at 
any Port, who colleds the 6d. per Month, which 
Officer {hall have Power to adminitter an Oath to 
every Matter touching the Truth of fuch Penal- 
ties. 

If any Matters or Owners of Ships, 
fhall deduft out of the Wagesof any Ditto, S. 10. 
Seamen any of the Penalties by this 
A6tdire£fed, to the Ufe of Greenwich Hofpital, and 
fhall not pay the Money to fome Officer who colle6ts 
the 6d. per Month, in the Port where the Dedudion 
fhall be made, within three Mof.ihs after fuch De- 
dudion, they fhall forfeit treble the Value to the 
Ufe of the Hofpital ; which, together with the 
Money deduced, fhall be recovered by the fame 
Means, as the Penalties for not duly paying the 6d. 
per Month. 

This Aa fliall be a publick Ad. S. 1 1 . 

This A<£t fhall continue five Years, S. 12. 

Nothing in this Ad fhall debar 
any Seaman from entering into the S. 13. 
Service of his Maiefty ; nor fliall fuch 
Seamen for fuch Entry forfeit the Wages due to him 
during his Service in fuch Merchant Ship ; nor {hall 
fuch Entry be deemed aDeiertion. 

Continued h 8 Geo. II. Cap. 21. to 2$ March 
1749, &c. Farthr continued by 23 Geo. II. p. 
487. /»25 March, il6/\.; and from thence 
to the End of the then next Sejpon of Parlia- 
ment. 

Where 



88 



OfSHl? 



J ^ Where any Goods {hall be laden on 

Cflr^ll. Cap. '^o^'''^ 3"}' ^"S^'fi ^'^'P °'' ''^^ Burden 
,, S 2. pf t^^'o hundred Tons or upwards, 

and mounted with llxteen Guns or 
more, if the Commander (liall yield up the Goods to 
any Turkifh Ships, or to any Pirates or Sea Rovers, 
without fighting, he fliall, upon Proof thereof made 
in the Court of Admiralty, be incapable of taking 
Charge of any Englijh Ship as Commander ; and it 

he Ihall thereafter take upon him to 
See Pn^e 55. command any Ens^Hf.i Ship, he Ihall 
13 and 14 fuffer Imprifonment by Warrant from 
Car. 11. Cap. jjie faid Court during fix Months for 
II. S. 35. every Offence ; and in Cafe the Per- 

fons taking the faid" Goods fhall rtieafe the Sliip, or 
pay unto the Mafter any Money or Goods for Freight, 
or other Reward, the faid Goods or Money or the 
Value thereof, as alfo the MaflerV Tart of fuch Ship 
lo releafed, fhalf be liable to repair the Perfons whofe 
Goods were taken, by Aclion in the Court of Ad- 
miralty ; and in cafe the Commander's Part of the 
Ship, together with fuch Money and Goods, fiiall 
not be fufEcient to repair all the Damages fuflained, 
the Reparations recovered on the Alafter's Part ol 
the Ship, rtiall be divided pro rata, amongft the Per- 
fons profecuting and proving their Damages, and 
the Perfons damaged (hall have their Adion againfi: 
the Mailer for the Remjiinder. 

No Mafter of any fuch Eiiglijlj 
Ditto, S. 3. Ship, being at Sea, and having dif- 

covered any Ship to be a Turkifi Ship, 
Pirate, or Sea Rover, (hail depart out of his Ship. 

If the Mafter of any Englifly Ship, 
Ditto, S. 4. tho' not of the Burthen of two hun- 

dred Tons, or mounted with fixteen 
Guns, fhall yield his Ship unto any Tiirkijh Ship, 
Pirate, or Sea Rover, (not having at leaft his double 
Number of Guns) without fighting, fuch Mafter 
fliall be liable to all the Penalties in this A£t. 

Upon Procefs out of the Court of 
Ditto, S. 5. Admiralty, it fliall be lawful for all 
Commanders of his Majefty's Ships, 
or the Commanders of any other Englijh Sl.ips, to 
fei/e fuch Ships or Mafters fo offending, according 
to tlie Procefs, and the fame to fend in Cuftody into 
any Ports of his Majefty's Dominions, to be pro- 
ceeded againft, according to this Ad. 

, Provided that none be hereby en- 

Ditto, t). . couraged to violate the Rights of 

the Ports of any foreign Prince or State in Amity. 

If the Mariners or inferior OtTicers, 

Ditto, S. 7. of anv EngHJl} Ship laden with Goods, 

{ball decline or refufe to fight, and 



defend the Ship, when they fhall be thereunto com- 
manded by the Mafter, or fhall utter any Words to 
difcourage the other Mariners from defending the 
Ship, every Mariner who fhall be found guilty of 
declining, or refufing, as aforefaid, fliall lofe all his 
Wages due to him, together with fuch Goods as he 
hath in his Ship, and fuffer Imprifonment, not ex- 
ceeding fix Months, and fliall during fuch Time, be 
kept to hard Labour for his Maintenance. 

Provided, that if any Ship fhall have 
been yielded, contrary to the Will of Ditto, S. 8. 
the Commander, by the Difobedi- 
ence of the Mariners, teftified by their having laid 
violent Hands on him, the Mafter fliall not be liable 
to the Sentence of Incapacity, nor to any Adion for 
the Loffes fuftained by the Merchants, unlefs he 
fliall have received back from the Takers, his Ship, 
or fome Reward. 

Every Mariner who fhall have laid Ditto, S. 9. 

violent Hands on his Commander, to 

hinder him from fighting in defence of his Ship and 

Goods, fliall fuft'er Death, as a Felon. 

When any Englilh Ship fhall have t^-., c 
1 J r J J 1 T-- L "^ J 1 I Ditto, S. 10. 

been derended by right, and brought 

to her Port, in which Fight any of the Officers or 
Seamen fliall have been wounded, it Iball be lawful for 
the Judge of the Admiralty, or his Surrogate, or the 
Judge of the Vice-Admiralty, within which the Ship 
{hall arrive, upon Petition of the Mafter or Seamen, 
to call unto hini i'uch as he fhall be informed to be 
Adventurers, or Owners of the Ship and Goods, 
and by Advice with them to raife upon the Owners 
and Adventurers by Proceis of the Court, fuch Sums 
of Money, as himfelf, with the major Part of the 
Adventurers or Owners prefent, fhall judge reafona- 
ble, not exceeding two per Cent, of the Ship and 
Goods, according to the firft Coft of the Goods by 
the Invoice (which the Owner or his Fador is to 
produce) or by the Oath of the Owner, or his Cor- 
refpondent, which Money fliall be paid to the Re- 
gifter of the Court, who fliall receive yl. in each 
Pound, thence to be diftributed amongil the Cap- 
tain, Mafter, Officers, and Seamen of the faid Ship, 
or Widows and Children of the Slain, according to 
the Diredion of the Judge, with the Approbation of 
three or more of the Owners or Adventurers, who 
fliall proportion the fame unto the Ship's Company, 
having fpecial Regard unto the Widows and Chil- 
dren of fuch as fhall have been flain, and to fuch as 
fliall have been wounded or maimed. 

In cal'e the Company belonging un- Ditto, S. 1 1 . 
to any Englip A'lerchant Ship, fhall 
take any Ship which fliall firft have affaulted them, 

the 



0/ S H I P S, 



OS 



89 



the Officers and Mariners fhall, after Condemnation 
of fuch Ship and Goods, have fuch Part thereof as is 
praftifed in private Men of War. 

If any Captain, Mafter, Mariner, 
Ditto, b. 12. ^^ ^^^^^ Officer belonging to any 

Ship, Aall wilfully caft away, burn, or deftroy the 
Ship, or procure the fame to be done, he fliail fuf- 
fer Death as a Felon. 

This lajl Sed. is the fame per I Ann. St. 2. Cap. 
9. and is fomething enlarged by 1 1 Geo. I. Cap. 
29. Se^. 5. 

No Commander of any Ship out- 
5 GVo. II. Cap. ward-bound, fhall receive on board 
20. S. 2. any Gun-powder, either as Merchan- 

dize or Store for the Voyage, (except 
for his Majefly's Service) before fuch Ship fhall be 
over-againft Blackwall, upon Pain of forfeiting, for 
every fifty Pounds weight of Gun-powder 5/. and in 
Proportion for a leffer Quantity. 

The Commander of every Ship 
Ditto, S. 3. coming into the Tbanies, fliall put on 
ftiore all Powder, either before the 
Arrival of fuch Ship at Blackwall, or within twenty- 
four Hours after fuch Ship fhall come to an Anchor 
there, or at the Place of her unloading, upon Pain 
of forfeiting 5/. for every fifty Pounds weight of 
Gun-powder found on board, and in the like propor- 
tion for. a lefs Quantity; and if any Gun-powder 
fhall be found on board fuch Ship above Blackwall, 
after the Time limited for unloading the fame, the 
Commander of every fuch Ship fhall, for every 
fifty Pounds weight of Gun-powder forfeit 5/. and 
in Proportion for a leffer Quantity. 

If any Commander or other Of- 
Ditto, S. 4. ficer of any Ship, (except his Majef- 
ty's Ships) fhall, whilt fuch Ship fhall 
be in the River of Thames, between London-Bridge 
and Black-Mall, keep any Gun fliotted, or fhall fire, 
or permit to be fired, any Gun on board fuch Ship, 
before Sun-rifing, or after Sun-fetting, fuch Com- 
mander, or Officer, fhall, for every fuch Gun fo 
kept fhotted, forfeit 5/. and for every Gun fo fired 
10/. And if any Commander, or other Officer of 
any Ship, or any other Perfon on board, fhall, while 
fuch Ship fhall be in the River, between London- 
Bridge and Blackwall, permit to be heated, or melt- 
ed on board fuch Ship, any Pitch, Tar, Rofin, or 
other combuflible Matter, every Perfon fo offend- 
ing fhall forfeit 5/. 

It fhall be lawful for the Mafler, 

Ditto, S. 5. Wardens, and Afllllants of the Tri- 

nity-Houfe, by Inflrument under their 



common Seal, to authorize an elder Brother (0 go in 
a Boat between Sun-rifing and Sun-fetting, to any 
Ship, and to go on board the fame (his Majefty's Ships 
always excepted) in order to fearch for Powder, Guns 
fhotted, and the heating and melting combulfible 
Matters, within the Limits wherein fuch Offences 
are prohibited ; and if the Commander or other Of- 
ficer in fuch Ship, fhall, upon Demand, refufe to 
permit any Perfon fo authorized, to come on board 
fuch Ship, and make due Search, every fuch Com- 
mander, or Officer, fhall forfeit 5/. 

In cafe any Ship fhall be laid up or 
moored in St. Saviour'' s-Dock (except Ditto, S. 10. 
fuch Ships as fhall be loading, or de- 
livering their Cargoes, and except fuch Ships, not: 
exceeding two at one Time, as fhall lie at Ship- 
Wright-7'ard, at the North-wefl Corner of the Dock, 
during the Time fuch Ships fhall be repairing) the 
Mafter of every fuch Ship, fhall forfeit for every 
Day fuch Ship fhall fo continue to be laid up and 
moored 20/. 

Every Perfon herein mentioned, 
fhall be exempted from being impref- 13GM. II. p. 
fed into his Majefly's Service, that is 395- 
to fay, every Perfon being of the Age 
of fifty-five Years, or under eighteen Years, and 
every Foreigner whether Seaman or Landman, who 
fhall ferve in any Merchant Ship or Privateer, be- 
longing to the Subjects of Great-Britain. 

Every Perfon of what Age foever, 
who iTiallufe the Sea, fhall be exempted Ditto, p. 396. 
from being impreffed for the Space of 
two Years, to be computed from his firfl: going to 
Sea ; and every Perfon who having ufed the Sea, fhall 
bind himfelf Apprentice to ferve at Sea, fhall be ex- 
empted for the Space of three Years, to be comput- 
ed from the Time of binding. 



The Preamble to the following Atl 



20 G:o. If 



obferves, that by one made the 7 and 
8 Will. III. certain Encouragements 
were given for Seamen to regifler 
themfeives for his Majefty's Service ; and if any fuch 
ihould by Age or other Accidents be difibled for fu- 
ture Service, and fhould not be able to maintain 
themfeives comfortably, and the Children of fuch 
difabled Seamen, and the Widows and Children of 
fuch of them as fhould be killed or drowned in the 
Sea Service, were to be provided for in the Royal 
Hofpital at Greenwich, fo far as the 
faid Hofpital fhould be capable to re- p. 836. 
ceive them, and the Revenue thereof 
would extend ; and for the better Support of the l.iiil 
Hofpital, 6d. per Month is by the faid A<5t to be al- 
N lowed 



0/ S H I P S, 



lowed out of the Wages of every Seaman in the Mer- 
chant's Service, as well as in the Navy, and that fo 
much of the faid A61, as relates to the Regiftering 
of Seamen, was repealed by an A<51 of 9 jl/in. where- 
by every Seaman in the Navy (though not regiller- 
cd) is intitled to the Benefits of the faid Hofpita! ; 
and that by an Acl of 10 ylnti. any Seaman is to be 
confidered as fully qualified for an Admiflion into the 
faid Hofpital, who fhall produce a Certificate of his 
having been hurt and difabled for Sea Service, in de- 
fending any Ship of the Subjedb of this Kingdom 
againlf an Enemy, or in taking any Ship from an 
Enemy. And that by an A61: of 8 Geo. I. every 
Seaman on board a Merchant Ship, who fhall be 
maimed in Fight againfl any Pirate, is to be admitted 
into the faid Hofpital, preferable to any other Sea- 
man, difabled merely by Age : And that by an A61 
of 8 Geo. II. Seamen on board any Merchant Ship, 
who fliall be maimed in Fight againft an Enemy, 
fhould be admitted into the faid Hofpital, in like 
manner as any other Seamen, wounded or difabled 
in his Majefly's Service : And whereas the faid Ho- 
fpital is not capable to receive, nor the Income 
thereof fufficient to provide for the Seamen in the 
Service of the Navy, intitled to the Benefits thereof, 
fo that the Seamen in the Merchants 
p. 837. Service, maimed and difabled in 

Fight, and proper Objeds of Cha- 
rity, have feldom or never been admitted into 
the faid Hofpital ; and as there is no Provifion made 
by either of the faid ASts, for fuch Seamen in the 
Merchants Service, as are difabled by accidental 
Misfortunes, or for thofe worn out by Age, or for the 
Widows or Children of fuch as fhall be killed or 
drowned in the faid Service, and as the Seamen in 
the faid Service are willing to allow 6ii. per Month 
out of their Wages, to be applied for the Relief of 
fuch as fhall be difabled or worn out by Age, and 
of the Widows and Children of thofe killed in the 
faid Service ; and as they have, during the Courfe 
of this War, manifefted their Courage, and deferve 
flII due Encouragement; and the eftablifhing the 
faid Charity will tend to the Honour and''Gobd of 
the Public, it is enaSed, that Alexander Hume, 'John "■ 
Brijlo-M, John Bancc, Efqrs. Is'c. and their Succeftbrs, 
to be eleSed in the Manner hereafter appointed, 
fhall be one Body Corporate and Politic, by the 
Name of The Prefaient and Governors for the Relief 
and Support of f:ek, maimed, and difabled Seamen, and 
of the Widows and Children of fuch as fhall be killed, 
flain, or drowned in the Merchant's Service, and that 
by the fame Name of The Prefident and Governors, 
they fhall have perpetual Succeffion, and a common 



Seal, with Power to alter the fame as often as they 
fliall judge expedient ; and by the fame Name may 
fue and be fued, plead and be impleaded, i£c. in all 
Courts of Record and Places of Judicature within 
this Kingdom ; and that they and their SuccefTors 
may receive and enjoy in Truft for the Purpofes of 
this Aft, all fuch Sums of Money as are granted, 
and fhall be raifed by Virtue of this A£f, or fhall be 
contributed or bequeathed by well-difpofed Perfons ; 
and may at any time hereafter, without Licence in 
Mortmain, purchafe or receive any Lands, Tene- 
ments, or Hereditaments, or any Eflate or Intereft 
therein, fo that the fame be only for the Scite of, 
or to be converted into an Hofpital, with Offices, 
and Appurtenances, neceffary for the faid Purpofes. 

The Prefident and Governors fhall 
provide in the faid Hofpital, for the p. 839. 
Reception of Seamen rendered inca- 
pable of Service, or fhall allow them certain Fen- 
fions, or otherwife, as they fhall think moft for the 
Advantage of the faid Charity ; and fhall alfo relieve 
the Widows and Children of fuch Seamen as fhall 
be killed or drowned in the faid Service, provided 
fuch Children are not of the Age of fourteen ; or if 
of that Age or upwards, they are incapable of get- 
ting a Livelihood, by Reafon of Lamenefs, Blind- 
nefs, or other Infirmities, and are proper Objects of 
Charity ; and fhall make reafonable Allowance to thofe 
who fhall lofe an Eye, or Limb, or be otherwife hurt 
in fighting, defending, or working the Ships in which 
they ferve, or in loading or unloading the Cargoes, 
or otherwife howfoever in doing their Duty, in pro- 
portion to the Damage they fhall receive, fo far as 
the Revenues will extend for the faid Purpofes, ac- 
cording to fuch Rules, Orders, and Regulations, as 
fhall be eflablillied in purfuance of this Atf. 

No Seaman in the faid Service fliall be intitled to 
any of the Benefits of this AS, unlefs he fliall pro- 
duce a Certificate of the Hurt, i£c. received, to the 
Prefident, AiTiftants, and Committees, herein after 
named, from the Mafter, Mate, Boatfwain, and Sur- 
geon, or fo many of them as were in the Veflel, to 
which he belonged at the Time of receiving fuch 
^^iSct ; or of the Mafter, and two of the Seamen, if 
flilre is no other Officer ; or in cafe of the Death of 
the Mafter, then of the Perfon who fhall take upon 
him the Care of the Veffel, and two of the Seamen 
on board, under their Hands and 
Seals, fignifying how and in what p- 84«. 
manner he received fuch Hurt, where 
and when he entered, and how long he had ferved 
on board ; and the Parties giving fuch Certificates, 
fhall make Oath of the Truth of the Contents be- 
fore 



0/ S H I P S, ^c. 



fore fome Juftice, if given in any of his Majefty's 
Dominions, or the chief Officer of the Cuftoms of 
the Place where there is no Juftice, or before the 
Britifl} Conful, or Refident in any foreign Country 
where fuch Certificate is executed (who are to ad- 
minifter the fame without Fee ;) and in cafe of Sick- 
nefs, whereby fuch Seamen fhall be rendered incapa- 
ble of Service, a Certificate in like manner, fignify- 
ing that he was healthy when he entered on board, 
and that the fame was contracted in doing his Duty 
in the Service of the Ship, and not otherwife ; and 
no Widow or Children of any Seaman, killed or 
drowned in the faid Service, Ihall be intitled to any 
Allowance by Virtue of this Att, unlefs they fhall 
produce a Certificate, authenticated in like manner, 
fignifying how fuch Seaman loft his Life in the Ser- 
vice of the fiid Ship, the Time and Place he en- 
tered on board, and how long he had ferved there- 
in ; and alfo another Certificate under the Hands 
and Seals of the Minifter, and Church-wardens, and 
Overfeers of the Poor of the Parifh or Townfliip, 
or any two of them, or of the Minifter and Over- 
feers of the Poor where there are no Church-war- 
dens (and if fuch Widows or Children are Quakers, 
then under the Hands of two reputable Perfons 
of that Perfuafion) of the Place where fuch Widow 
or Children have a legal Settlement, or refide, to be 
attefted by two or more credible Witneffes, that (he 
was the lawful Wife, and they the 

p. 841. Children of fuch Seaman, and under 

the Age of fourteen ; or if of that 
Age or upwards, not capable of getting a Livelihood, 
by reafon of Lamenefs, Blindnefs, or other Infir- 
mities, and are proper Objetts of Charity ; and no 
Seaman fhall be provided for by a Penfion, or other- 
wife, as decrepit or worn out, unlefs he fhall have 
ferved five Years in the Merchants Service, and paid 
6d. per Month out of his Wages for that Time, for 
the Purpofes of this Acl. 

If any Perfon fhall forge, counterfeit, alter, or 
unfairly obtain any fuch Certificate, the fame, upon 
Difcovery thereof, Ihall he null and void, and the 
Perfon applying for Relief, ftiall be for ever incapa- 
ble of receiving any Benefit from this Aft, and Ihall 
be puniihed as an incorrigible Rogue. 

For the more conftant and ordinary Management 
of the Monies to be raifed for the Purpofes afore- 
faid, there fhall be for ever hereafter, from time to 
time, a Prefident, and twenty-one Affiftants, and 
Committees of the faid Corporation ; and Henry 
Norrh, fenior, Elq; (hall be the firft Prefident, and 
Alexander Hume, Efq; Sir Peter Tbompfon, Knt. Ro- 
bert Nettleton, Robert Thornton, John iimitb, Peter du 



91 

Cane, fojias Word/worth, Jofeph Favothrop, Efqrs. 
"Joftah Chitty, Henry Norris, jun. William Black, John 
Hanbury, John Weyland, Robert Dingly, Thomas Hyarn, 
fames Brogden, Stephen Theodore jfanjfeii, John Thom- 
linfon. Merchants ; Mafter Thomas Bennett, Mafter 
'John Canham, Mafter Adam Spencer, the twenty-one 
AfTiftants or Committees. 

The faid Prefidents and Afllftants p. 842. 
before named, fhall continue fo to be 
till the 24th of June, 1 748, on which Day yearly, 
or within five Days before or after (ten Days No- 
tice being firft given in the London Gazette, of the 
Day fixed by the General Court of the faid Prefident 
and Governors) a new Ele(£tion of a Prefident and 
twenty-one Aftiftants (hall be made for the Year fol- 
lowing, and taken by the faid Prefident and Gover- 
nors then prefent. 

At all General Courts of the Prefident and Go- 
vernors, and at the feveral full Courts of Atliftants, 
the Prefident fhall have a Vote, and aO. as a Mem- 
ber ; and in cafe of an Equality of Votes, fliall have 
the cafting Voice. 

There fhall be four General Courts at leaft, held 
every Year, viz. on the 24th of June, the 29th of 
September, the 25th of December, the 2Slh o( March, 
or within five Days before or after either of the faid 
Days, of which ten Days Notice fhall be given in 
the London Gazette; and the Prefident and Aftiftants 
may call a General Court at any other Time, as 
the A(Fairs of the Corporation fhall require, or at 
the Requeft of thirteen Members, fignifying the 
fame by Writing under their Hands ; provided No- 
tice be given as aforefaid of the Time and Place of 
Meeting. 

The Prefident, with five or more p. 843. 
of the Aftiftants, (hall make a full 
Court of Afllftants, or Committees ; and fhall meet 
upon Wednefdays weekly, in or near London, or at 
fuch other Time «nd Place as they fhall appoint; 
and fuch Court when afTcmbled, ftiall have Power to 
apply the Monies arifing by this Ad, for tlie Relief 
of fuch Seamen, and their Widows and Children, as 
are before defcribed ; and to lay out the Surplus 
thereof, and any Monies contributed by well-difpol- 
ed Perfons, in Parliamentary Securities, or in the 
Purchafe of fuch Lands, i^c as are before allowed ; 
and under their common Seal to enter into any Con- 
trafts for the Purpofes atorefaid, for the better car- 
rying on the faid Charity; and to appoint and re- 
move at Pleafurc any Oihcers and Servants, or other 
Perfons employed (except luch Officers and Perfons 
as arc direfted to be chofen at a General Court of 
the Corporation) and appoint fuch Salaries, Perquifiles, 
N 2 or 



92 



0/ S H I P S, ^c 



or other Rewards for their Service, as they fliall 
think proper ; and to tranfact and determine all fuch 
Matters, as Ihall appear to be neceffary for the ef- 
feding the Purpofes hereby intended. 

The Management and Accounts of the Prefident 
and Affiftants, fhall be liable to fuch Audit and In- 
fpeclion, Allowance, Difallowance, and Controul of 
all or fuch of the Members, as by any By-laws of 
the Corporation iTiall be appointed. 

There fhall be a Receiver of the 

p. 844. Corporation, who fhall be chofen by a 

Majority of the Prefident and Gover- 
nors in a General Court as aforefaid, who fliall be 
allowed fuch Salary as they fhall think proper, and 
be removed at Pleafure, and another Perfon chofe 
in his Room. 

If any Vacancy fhall happen by Death, or Re- 
moval of any Perfon chofen at a General Court, it 
fhall be filled up at a General Court of the Prefident 
and Governors, after ten Days Notice given of fuch 
Election in the L'jmlon Gazette. 

For keeping up a competent Number of Members, 
and for perpetuating the Succeffion thereof, and for 
filling up the Places of Prefident and Affiftants, the 
Prefident and thirteen Governors, prefent at a Ge- 
neral Court to be held as aforefaid, fhall eleiSt other 
fit Perfons to be Members in the Room of fuch of 
the Perfons above named, or to be from time to time 
elected Members, who fhall die, or refufe to accept 
of, or continue to be Members. 

The Prefident and thirteen Governors, affembled 

in a General Court, may make and conftitute fuch 

By-laws, i£c. as fhall feem neceflary for the eftabliih- 

ing the laid Corporation, and the Officers, Servants, 

and Perfons employed by them ; and 

p. 845. for the applying the Money, and pro- 

viding for the Perfons intitled to the 
Benefit of this Aft; and for the auditing the Ac- 
counts, and the controlling, allowing, or difallow- 
ing the TranfaQions of the faid Prefident and Af- 
fiftants, and of the Officers, Servants, and Perfons; 
and for putting the faid Laws in Execution, and for 
revoking and altering the iame at Pleafure ; which 
By-laws, l£c. fhall be duly obferved, fo as they be 
reafonable, and not repugnant to the Statutes, Cuf- 
toms, or Laws of this Kingdom, or any of the cx- 
prefs Regulations of this ACf. 

If the Prefident fliall at any Time not attend, the 
Court of Affiftants, or Governors at a General Court, 
fliall depute any other Member to prefide and a6t as 
Prefident in his Abfence, and to do all other ASs 
and Things at the faid Courts, as the Prefident is 
impowered and required to do. 



For the Encouragement of BenefaQors to fo good 
a Defign, it is enaded. That if any Perfon ftiall at 
one or more Payments contribute 50/. for the Pur- 
pofes of this Act, he fhall be declared a Governor 
of the faid Corporation. 

Every Seaman, or Perfon employed p. S46. 
in any VeiTel belonging to a Subject of 
England and every Mafter or Owner navigating the 
fame (other than fuch Apprentices under the Age of 
eighteen, as are exempted from Payment of 6d. per 
Month to the Hofpital at Greenwich, by an A& of 
2 Anna, and Perfons employed on the Coaft of ^/z^- 
land, in taking of Fiih brought frefti on fliore ; and 
Perfons employed in Boats or Veffels that trade only 
from place to place within any River in England, or 
in open Boats upon the Coafts thereof) and Pilots 
employed on board Veffels, ftiall, after the 29th of 
September, 1 747, pay 6d. per Month, and propor- 
tionably for a leffer Time, during their Employment, 
for the Purpofes aforefaid. 

The Rdafter, Owner, or Commander of every 
Veffel, is to dedu6t out of the Wages, i^e. of every 
fuch Sesunan, i^c. (except as before excepted) the 
faid Duty of 6d. per Month, and fliall pay the fame 
to fuch Receivers as the Prefident and Governors, or 
the Truftees of the Out-ports, fhall appoint, if fuch 
Seamen, i^c. fhall have, or be intitled to any Wages, 
Shares, or Profits. 

The Prefident and Governors, at a p. 847, 
full Court of Affiftants, Ihall appoint 
one or more Receivers of the faid Duty at the Port 
of London ; and alfo depute the ColleSors or other 
Officers of his Majefty's Cuftoms, in the feveral 
Out-ports of England, or other Perfons, to receive 
the fame there (except in fuch Out-ports where fe- 
parate Truftees fhall be appointed by virtue of this 
Ad) and the faid feveral Receivers are required to 
colled and pay over the faid Duty, according to the 
Inftrudions in Writing, which fliall, from time to 
time, be fent them by the Prefident and Governors; 
for which Allowances fliall be made them out of the 
faid Duties, as the Prefident and Governors fliall 
think fit. 

Every Mafter, or other Perfon navigating, or hav- 
ing the Care of any Merchant Veffel, lliall keep a 
Book by way of Mufter-roll, in '\\hich fliall be en- 
tered his own, and the Names of the Perfons em- 
ployed on board, with the ufual Place of their Abode 
when on Shore ; and over againft each Name the 
Time and Place of entering into fuch Service, and in 
what Ship he performed his laft Voyage ; a Duplicate 
whereof fhall be figned by the faid Mafter, or other 
Perfon having the Care of fuch Veffel, and fhall be 

delivered. 



0/ S H I P S, ^c. 



93 



delivered, before her Departure, to the Colleftor of 
the faid Duties, at the Port to which flie belongs ; 
and the faid Mailer, ^r. fliall keep 
p. 848. fuch a Muller-roli during the Voyage, 

and fliall enter when and where any 
Perfon fhall be diicharged from, or fiTall leave or de- 
fert fuch Veffel, and others fhipped on Board, de- 
fcribing them as before dire£led ; and when and 
where any of them received any Hurt or Damage, 
or were killed or drowned ; a Duplicate whereof fhall 
be figned and delivered as aforefaid, at the Ship's 
Return to the Port to which fhe belongs ; true Co- 
pies whereof fliall be made, and filed by the Collec- 
tors, and the original Duplicates tranfmitted by 
them to thePrefident and Governors, to be filed and 
kept by fuch Officer as they fhall appoint : And the 
faid Mafters and Receivers, &'i: in Default of any of 
the Premiffes, fhall feverally forfeit 20/. fterling for 
every fuch Offence. 

For the better Difcovery of what fhall be due 

from Perfons ferving on Board Merchant Ships, (Jc. 

the Colledors fhall fummon, by Warrant under their 

Hands, all fuch Mafters, &c. or (in their Abfence) 

the Owners of fuch Veffels, to appear at their Office 

(fo as they be not obliged to travel above ten Miles 

for the making fuch Appearance) and to examine 

them upon Oath (which Oath the faid 

p. 849. ColleSors are to adminifter) to the 

Truth of the Copy of fuch Mufter- 

roll, and the Number and Times of Service of each 

Perfon chargeable with the faid Duty ; and upon 

their Refufal to appear, or make Oath as aforefaid, 

they fliall be fined 20/. fterling. 

For the more eafy and effedual colleSing the faid 
Duty from the Mafters, ^i-. of Merchant Veflels 
employed in the Service of his Majefty, the Secreta- 
ries or chief Clerks of the publick Officers of the 
Crown, ufually hiring, bfc. Veftels for that Service, 
fhall deliver a Duplicate of the Lift of the Numbers 
and Names of fuch Ships, and of the Mafters and 
Owners thereof refpetlively, and of the Seamen, 
yr. to the ColleSors of the faid Duty at the Port of 
London, or Out-ports to which they feverally belong, 
as is by an A£l of 2 Geo. II. to be delivered to the 
ColleSor of the Port of London, of the Duty of 6d. 
per Month given to the Royal Hofpital 
p. 850. at Greenivich ; and the faid Secreta- 

ries and other Officers belonging to 
the faid Offices, and Mafters, &c. of fuch X'elTels, 
fhall do every other Act for the due Payment of the 
Duty, as is required to be done by the faid Ad of 
2 Geo. II. for the Payment of the Duty of 6d. per 
Month to the faid Royal Hofpital, and fliall be liable 



to the like Penalties and Forfeitures for any Defaul 
herein. 

Every Mafter, &c. liable to the Payment of the 
faid Duty, fliall pay all fuch Monies as fhall, from 
time to time, be due, to the Colleftors appointed, 
at the Port only to which fuch \e^t\ does belong, 
and before fuch Veftel fhall be cleared inwards, by the 
Officers of the Cuftoms in any of the Ports of Eng- 
land ; and no Officer of the Cuftoms fliall clear in- 
wards any Merchant Ship liable to the faid Dutv, or 
grant any Warrant, Cocket, Tranfire, Return, or 
Difcharge, or fufter fuch VelTel to go 
out of Port, until the Mafter, &c. p 851. 
'fhall produce a Certificate from the 
Receiver, of the faid Duty being fully paid, and that 
he is not more than three Months in Arrear for the 
fame, or that he is exempted from the Payment of 
the faid Duty, by virtue of the Exceptions herein 
contained ; and the Perfons making Default in any 
of the Premiffes, or afling contrary to the Diredions 
before-mentioned, fliall forfeit 20/. fterling, for eve- 
ry fuch Offence. 

If the Mafter, i^c. fliall not produce fuch Certi- 
ficate to the Tide-Surveyor, when he ffiall come on 
board to clear fuch Veffel, the Tidfe-Waiters fliall 
be continued on board at the Expence of fuch Maf- 
ter, Owner, or Commander, until fuch Certificate 
is produced. 

In all Cafes where an Oath is re- p. 852. 
quired to be taken, the folemn Affir- 
mation of fakers fhall be accepted inftead thereof; 
and if any ^ujier fhall refufe to make fuch Affirma- 
tion, he fliall be fubjeiSl to the like Forfeitures and 
Penalties, as any other Perfon refufing to take an 
Oath is liable to by this AQ. ; and any Perfon con- 
vitted of falfe Affirming or Swearing, before any 
CoUedor, i^r. hereby authorized to adminifter 
Oaths, he fliall fuffer Penalties, ^c. as Perfons con- 
vifted of wilful and corrupt Perjury, are by the Laws 
of England liable to. 

The Charges and Expences of obtaining this Atl 
fliall be paid out of the firft Monies to be raifed and 
contributed by virtue hereof at the Port of Lon- 
don. 

From and after the 24th of ynne, 1747, the Owners, 
and Mafters of Veffels belonging to Perfons refiding 
at any of the Out-ports of this Kingdom, may meet 
within the Limits of the faid Ports at any proper 
Time and Place, appointed by five or more of them, 
by giving ten Days previous Notice, to be fixed at the 
Cuftom-houfe Wharf, Kay, or other 
publick Place, at fuch Out-port; and p. 853. 
may from time to time, appoint by an 

Inftru- 



0/ S H I P 



94 

Inftrument in Writinj» under their Hands and Seals, 
fifteen Perfons to be Tnillees for fuch Out-port, 
for receiving and applying the faid Duty of 6d. per 
Month, at fuch Out-port for the Relief of the Seamen 
employed on board tlie Vefleis belonging to fuch Per- 
fons re'fpcSively, and fuch of their Widows and Chil- 
dren, asfhall be entitled thereto by this Act; and the 
faid Truftees fhall continue to the 26th of December, 
next after fuch Election, and until new Truftees are 
nominated and confirmed; and within ten Days after 
every 26th of Decctnbcr yearly, the faid Owners and 
Maliers fliall meet and appoint in like manner fifteen 
Perfons to be Truftees for the Year enfuing, and the 
faid Truftees fliall continue until new ones are 
elcfted and confirmed ; and the faid Inftrument 
fhall be fent to the Prefident and AfTiftants, who are 
to confirm the fame under the common Seal of the 
Corporation, without Fee or Reward, within ten Days 
after the Receipt thereof: And the faid Truftees, when 
fo confirmed, (five whereof fhall be a Riorum) fliall 
be vefted with the fame Powers to make By-laws and 
to revoke or alter the fame, and for receiving and ap- 
plying.Benefadlions, and for appointing Receivers and 
other Officers, for colleiSling and applying the faid 
Dutv, as are given to the Prefident and Governors 
aforefaid, according to fuch Rules, Orders, and Re- 
gulations, as fhall be eftablifhed in purfuance of this 
A<Et ; and the faid Receivers and other Officers fhall 
have the fame Powers, as other the Receivers and 
Officers before appointed, and fliall be liable to the 
fame Penalties and Forfeitures. 

And whereas by Letters Patent, bear- 
p. 854. ing Date the 1 8th of December, in the fixth 

Year of the Reign of King Ed-ward VI. 
certain Merchants therein named, and their Succef- 
fors, refiding at the Port and City of Brifiol, are in- 
corporated by the Name of The Majler, Wardens, and 
CommmaUy of Merchants-Venturers of the City of Bri- 
ftol; which Society is willing, for the Benefit of the 
Seamen employed in the Service of the Merchants, 
iSc. belonging to the faid City and Port, to under- 
take the ColleQion and Application of the faid 6d.per 
Month, payable there, and of any Donations of well- 
difpofcd People ; it is therefore enaQed,That the Ma- 
tter, Wardens, Affiftants, and Treafurer of the faid 
incorporated Society, for the time being, fliall be 
Truftees, and fhall be vefted with the like PowerSj^c. 
for collecting, recovering, and applying, i^c. the faid 
Duty and anv Donations at the faid City and Port ; 
and for appointing Receivers and other Officers for 
the faid Purpofes as are granted by this A<5t to the 
Prefident and Governors alorefaid, according to fuch 
Rules, Orders, and Regulations, as are, or fliall be 



'C. 



eftablifhed by Virtue of this Afl:; and fuch Receivers 

and other Officers, fhall have the fame Powers, Cifr. 

as tliofe to be appointed in purfuance of this A£t, and 

fliall be fubjeft to the like Penalties and Forfeitures; 

and the faid Mafter, Wardens, Affiftants, 

and Treafurers, fhall alfo have Power to p- 855. 

take and receive any Lands, Tenements, 

and Hereditaments in fuch Manner, and for the like 

Purpofes only as the faid Prefident and Governors are 

by this A£t impowered to take and receive. 

And whereas the Guild of Mafters and Pilots, Sea- 
men of the Trinity-Hd'.fe of Kingjion upon Hull, are 
willing for the Benefit of the Seamen employed in the 
Service of Merchants, i^c. belonging to the faid Town 
and Port, to undertake the Collection and Applica- 
tion of the faid Duty and any Donations of well-dif- 
pofed People there, it is therefore ena£ted. That the 
faid Guild of Mafters and Pilots, Seamen of the Tri- 
nit\'-Houfe of the Town and Port of Kingfton upon 
Hull, for the time being, fliall be Truftees, and fliall 
be vefted with the like Powers for colle<5ling, recover- 
ing, and applying, yr.the faid Duty and any Donations, 
and for appointing Receivers and otherOfficers, as are 
granted by this A6t to the Prefident and Governors 
aforefaid, according to fuch Rules, Orders ,and Regula- 
tions as are or fhall be eftabliflied by virtue of this Act; 
and fuch Receivers and other Officers fliall have the 
fame Powers, ye. as thofe to be appointed in purfuance 
of this AiSl; and fhall be fubjeft to the like Penalties 
and Forfeitures. 

Nothing herein contained fhall oblige p. 856. 
the Receivers or Colledlors of the faid 
Duty, who fliall be appointed by the Truftees of any 
of the refpeftive Out-ports, to fend Duplicates of the 
Mufter-roUs (directed to be delivered to them by the 
Mafter, or Perfon having Care of any Veflel) to the 
faid Prefident and AlTiftants, but fuch Duplicates, after 
making and filing Copies thereof, fliall be delivered 
by fuch Colledors, l£c. to the faid Truftees refpedive- 
ly, to be by them kept for their Ufe. 

No Seaman, f^r. in the Merchants Service, fhall be 
intitled to any Benefit from this Adl at the Port of 
London, or any Out-port, but thofe who are liable to, 
and fliall pay the faid Duty, at the faid Ports refpec- 
tively. 

Thofe Seamen wl.o fliall have beenlongcft in the faid 
Service, and contributed moft towards the faid Duty, 
fliall be firft provided for as worn out or decrepit. 

If any Seaman or other Perfon employed on board 
any VeiTel, fhall, in the Difcharge of his Duty, either 
on Shore or on Board, break any Limb, or be other- 
wife hurt, fo that immediate Care is necelliiry to be 
taken of him, the PrehJent and Governors of the 

Port 



0/ S H I P S, &>€. 



95 



Port of London, and the refpeSive Triiftees for the 
Out-ports, (liall provide proper Relief for fuch Perfon, 
until he fhall be fo well recovered of fuch Hurt, as to 
be removed and fent with Safety to the Port to which 
fuch VefTel does belong; and the Expence thereof, 
not exceeding 2d. per A4ile, {hall be paid by the Pre- 
fident and Governors at the Port of 
p. 857. London, or by the Truftees for the Out- 

port to which fuch Perfon iTiall be fent. 
■ If any Seaman or other Perfon fliall ferve five Years 
or more in the Merchants Service, and fhall have paid 
the 6d. per Month for that Time, and fhall be ad- 
judged by the Prefident and Afliflants, or the refpec- 
tive Truftees, a proper Objeil of Relief, he fhall be 
provided for at the Port where he fhall have paid the 
greateft Part of the faid Duty, for the lad five Years 
of his Service. 

If it fhall happen that Seamen employed in the 
Merchants Service, within the Limits of this A£t,ftall 
be fhipwrecked, or taken by the Enemy, and on their 
Return from Imprifonment may be travelling with 
Paffes to the Place of their Abode, the Prefident and 
Governors, and the refpeiStive Truftees, may relieve 
them in fuch Manner as they fhall think proper. 

Where Certificates diredted to be produced by this 
hSt cannot be obtained, fuch other Certificates as fhall 
be fatisfaftory to the Prefident and Governors, or 
Truftees refpedlively, fhall be admitted to intitle the 
Party to the Penfions or other Relief provided by this 

Aa. 

And whereas the United Company of Merchants of 
England trading to the EiiJI Indies, have at their own 
Expence provided for fuch Seamen employed by them, 
as have been rendered incapable of Service, and for 
the Widows and Children of fuch as have been killed 
or drowned in their Service, and have eftablifhed a 
Fund for that Purpofe, and are therefore defirous that 
the Perfons employed in the faid Service, may be ex- 
empted from the Payment of the faid 6J. />fr Month; 
it is therefore enacted. That no Offi- 
P- 858. cer. Seaman, i^c. of any Veflel, em- 

ployed in the Service of the faid Com- 
pany, fhall, during the Time of fuch Service, be liable 
to the Payment of the faid Duty. 

No Officer or Seaman, i^c during his Employment 
in the Service of the faid Company, nor the Widows 
or Children of fuch of them as ftiall be killed or 
drowned, fhall be intitled to any Benefit by this Att, 
during the Time they fliall be employed in the faid 
Service. 

All pecuniary Forfeitures and Penalties incurred by 
virtue of this Aft, fliall be fued for and recovered in 
any Court of Record in England, wherein no Effoin, 



ProteQion, Privilege, Wager of Law, or more than 
one Imparlance fhall be allowed; and 
if a Verdia fhall pafs for the Plaintiff" p- 859. 
in any fuch AcElion, he fliall be allow- 
ed double Cofts; and one Moiety of the Forfeitures, 
iSe. fhall be applied to the Ufes of this Aft, and the 
other to the Perfon who will fue for the fame in Man- 
ner aforefaid. 

This Adf fhall be deemed a publick Act, and be ju- 
dicially taken Notice of as fuch by all Judges and other 
Perfons, without fpecially pleading the fame; and all 
Aaions or Suits which fhall be commenced againft any 
Perfon, for any thing done in purfuance of this hix, 
or in relation to the Premifles, fhall be brought within 
three Months next after the Fa£t committed ; and fliall 
be laid in the County or Place where the Faff was 
done, and not elfewhere ; and the Defendant may 
plead the General Iflue, and give this hSi and the fpe- 
cial Matter in Evidence, and that the fame was done 
in purfuance thereof; and if it fliall fo appear, or if 
fuch Aflion, i^c fliall be brought after the Time li- 
mited, or in any other County or Place, the Jury fliall 
find for the Defendant ; or if the Plaintiff^ fliall become 
nonfuited, or fuffer aDifcontinu.ance of his AiSion, or 
Verdidt fhall pafs againft him, the Defendant fhall 
have double Cofts; and fliall have fuch Remedy '"ir 
the finie, as Defendants have for Cofts of Suit in any 
other Cafes by Law. 

The Procuring the preceding AlI is an Inftance of 
the benevolent Regard our Merchants have for the 
future Support here at Home, of thofe Seamen who 
fhall fuffer by valiantly defending their Property, 
either in Ship or Goods, and for the diftrefTed Fami- 
lies of fuch, who fhall unhappily lofe their Lives 
in their Service ; whilft the follow ing Ones ferve no 
lefs to demonftrate both Theirs, and the Govern- 
ment's indulgent Attention to fecure a Sufficiency 
for them abroad, 'w hen reduced by Misfortunes to the 
Neceffity of claiming it; and the charitable Dif- 
pofitions thefe A6ts contain, plainly evince, as well 
the Prudence, as the Beneficence of the Promoters 
and Compilers of them, juftly challenging our Tribute 
of Praife, for fuch fhininglnftances of Tenderneis and 
Companion, in a comfortable Provifion for the ac- 
cidental Sufferings of the Brave, 'till now left def- 
titute and difregarded, I mean, by Law; for tho' the 
2 2d and 23d Car. II. Cap. ij. Seiit. 10. (before re- 
cited) provides fomething for the maimed and flain, 
yet 'tis too fmall to fupply the Lofs of Limbs, or 
give Maintenance to the aflhdcd Relidfs of a Sailor, 
untimely fnatched away ; 'tis therefore from thofe 
Statutes only the Mariner muft cxpe£l Redrefs, and 
a Refledion on their Exiftence, will naturally en- 
courage 



96 



(9/ S H I P S, ^c. 



Courage him to deferve their ProteQ:Ion,by a pun£lual 
Compliance with his Duty. 

It fhail be lawful for Perfons autho- 
8 Geo. I. cap. ri/,ed by the Majority of the Bntifb 
'7- "^- '• Merchants and Faftors refiding in 

Portugtil, being alTembled with the 
Conful General, or his Deputy, in any of the Ports 
in Portugal, to recover from all Commanders of 
Britijh Ships trading from Great-Britain or Ireland, 
or any other his Majefly's Dominions, to any of the 
Dominions of the King of Portugal, the following 
Sums, -viz. any Sum not exceeding 200 /?(=■// /JrT Ton 
on all tonage Goods (except Wheat, Barley, Rye, 
Coals, Timber, Boards, and Lumber) and i oo Reis 
pn- Ton on Wheat, Barley, i^c. and 1 5 per Cent, on the 
Freight of all other Goods, exported from any of the 
King's Dominions, to any Place in the Dominions of 
the King of P(;r/;/ff«/; and all Bills of Lading fhall 
fpecity to pay the Monies accordingly, under Deno- 
miitation of Contribution, as/>f'r Act of Parliament; 
and the Perlbns paying the fame, fliall be reimburfed 
by the Freighters, or the Perfons to whom the Goods 
fliall be configned; and if no Bill of Lading fhall ap- 
pear, and no Freight or Tonage is fettled between 
the Owner of the Goods and the Mafter of the Veffel, 
the Freight or Tonage lliall be valued by two indiffe- 
rent Britijh Merchants on the Place, one to be chofen 
by the Conful General, and the other by the Maffer 
of the Ship, within ten Days after unlading the Goods ; 
and if the Perfons fo chofen fhall not agree the fame, 
in five Days, two fuch Perfons fliall chufe a third (being 
a Britifi Merchant on the Place) who fhall decide the 
A'aluation in three Days. 

All Maflers of Ships trading from 
Ditto, S. 2. Great Britain, Ireland, or any other his 

Majefty's Dominions, to the Domini- 
ons of the King of Portugal, and unloading there, 
fliall within ten Days after their Arrival, deliver to 
the Conful General, or Deputy Conful, refiding there, 
or to fuch Pcrfon as fhall be appointed, a Manifefl 
upon Oath, fpecifying the Particulars of the Cargo, or 
of iuch Part thereof as fhall be unloaded there, and to 
whom configned, which Oath the Conful General,yf. 
is to adminilter, gratis. 

The Conful General, or his Deputy, 
Ditto, S. 3. fliall detain the Clearances outwards of 

all Britijh and Irijh Ships till Payment. 
The Monies fliall be applied in Man- 
Ditto, S. 4. ner following, t/'s. to the Minifler re- 
fiding there, 2iOO Mill-Reis per Annum, 
by equal Quarterly Payments, and the Remainder for 
the Relief of lliipwreck'd Mariners, and other dillref- 



fed Perfons, his Majefly's Subjects, and to fuch other 
charitable and public Ufes, as fliall be appointed by 
the Majority of the Britijl} Merchants and FaiSlors re- 
fiding at Lijbon, and other Parts in Portugal, being 
affembled with the Conful General, or any of his De- 
puty Confuls. 

Perfons formerly liable to pay the Ditto, S. 5. 
ionv Reis per Mill, fhall, after Payment 
of the Sums required by this Aci, be exempted from 
the fame. 

The Conful General or his Deputy x-.. „ , 
Confuls, refiding in for/;/o-i;/, iTiall, as > • • 

they fee Occafion, call a general 
Meeting of the Britifi) Merchants and Fa6tors, and 
fhall call fuch Meetings as often as fhall be delired, 
by Writing under the Hands of any five Britijh Mer- 
chants or Factors. 

This fhall be a publick Ad, ^e. S. 7. 

An Adf like the preceding one, was 
made for his Majefly's Subjedls trading to Cadiz and 
Port St. Mary's, fpecifying, that any 
Sums of Money, not exceeding one 9 Geo. II. 
Rial Plate /><r Ducat, fhall be receiv- Cap. 25. S. i^ 
ed from all Mailers of Britijh and Irijb 2, 3, 4, 5, 6. 
Veflelsj trading to thofe Places, on the 
Freight of Goods (except Tonage Goods) imported 
into the faid Ports, and on all Tonage Goods, any 
Sums not exceeding two Rials Plate per Ton, to be 
colleSed and diipofed of in the fame Manner as di- 
redled for that railed in Portugal, and the other Part 
of this ASt being verbatim like that, is here omitted 
to be repeated. 

It fhall be lawful for Perfons ap- 
pointed by the Conful, named for his loGeo.U. 
Majefly's Subjedls trading to the Port Cap. 14, S. i. 
of Leghorn, together with the Majo- 
rity of the 5r////Z' Merchants and Fadtors there, to re- 
cover from all Commanders of Britijh or Irijh Ships, 
trading from any Part of his Majefly's Dominions to 
the faid Port, any Sums not exceeding one Livre per 
Ton on all Tonage Goods imported into the laid Port, 
and all Bale Goods, not exceeding one third of a Livre 
per Bale, or Parcel: to be recovered and applied with 
like Directions as in 9 Geo. 2. Cap. 25. for the Conful- 
age Duty at Cadiz, a>id Port St. Mary's. 

Mariners mull help one another both r n/ 
at Sea and in Fort, and never quit the jj^p i,i^ per 
Ship without leave from the Mafler, ie„_ Denmarc. 
when ilie is at Anchor. 

If Mariners get drunk and wound one another, 
they are not to be cured at the Charge of the Mafler 

or 



Of SHIPS, &c. 



97 



Leg. Okron. 
Cap. b. 



or Ship, as the Damage is not received 
in the Service ot either; but if any of 
them are hurt, or taken ili, in doing 
their Duty, the Expence of their Cure 
the Ship mull defray; and if his Diforders render 
him unfit to continue on board, he fliail 
Ditto, Cap. 1. be left on Shore, and have thofe Ac- 
commodations and Affiftance as his 
Cafe requires; and tho' the Ship muft not be detained 
to attend his Recovery, yet it this happens ai'terwardb, 
he Ihali have his full Wages, deducting only v/hat t!ie 
Mailer may have expended for him. 
. -, , If Goods are thrown overboard in 

Qf_ ' order to lighten, and by tins Means 

fave the Ship in a Storm, upon Proof 
thereof, by the Oaths of the Mafter, i^c. he ihall 
be acquitted, though the Ship, Freight, and Remain- 
der of the Cargo, Ifiall be brought into an Average, 
to make good what was fo thrown away for the Pre- 
fervation of the whole. 

Though a Ship fhould be feized for 
Confolat. del Debt, or otherwife become forfeited, 
Mere. the Mariners mufl; receive their Wages, 

unlefs in fome Cafes, where they are 
forfeited as well as the Ship; as in cafe of committing 
Piracy, with Letters of Marque, by reafon of which 
all will be forfeited ; but Lading of prohibited Goods 
on board, fuch as Wool, iSc tho' it 
/?o//'s Abridg. fubjects the Ship to a Forfeiture, yet it 
Fol. 530. difiibles not the Mariner of his Wages; 

for the Sailors having honeftly perfor- 
med their Parts, the Ship is tacitly obliged for their 
Wages ; but if the Ship periflies at Sea they iofe their 
Wages, and the Owners their Freight: And this be- 
ing the Marine Cullom, is allowed as well by the Com- 
mon as Civil Law. 

Barretry of the Mariners is a Difeafe fo epidemi- 
cal, that it is difficult for a Mailer wiih 
the greatell Care to prevent it, and 
Juft. de ob. tho' he may not really be faulty,yet the 

Law will always adjudge him fo, and 
impute the Sailors Ojffuri-t tohhN'egligtnce; and were 
it otherwile, the A4erch,int would be in a very dange- 
rous Condition ; and the Reafons why 
Pri/ii' II. a M after Ihould be refponfible for his 

Jac. ill B. R. Crew, are, becaufe it is of his own 
chufing, and under his Correclion and 
Government, and on Ship-board know no other Su- 
perior but h.mfeil, and if they are faulty he may cor- 
refl and puniili them (in a moderate 
H, n,e verC Manner) and jullify the fame byLaxv ; 

and the Fatl being proved againll them, 
he may reimburie himlelf out of their 
Wages. 



Smilh. 

Rolli Abrid 
533- 



When Goods are once delivered to a Mafler, 
they are not fu!ije<El to be attached in his Hands, 
nor can any Cu'.lom whatfoever (upport the fame, 
for they are in Law as it were bailed to the Ship, 
until the Freight and all other Charges are paid; 
and it is very much doubted, whether 
an Attachment can be made in London, Mich. 27 Car. 
of any Goods lying on board Ship, in !•■ P'" L- C. J. 
the River of Thames (which, though ^"'^^ 
the Port of Londop) notwithllanding 
Freight and all other Charges are paid oflF. 

Commiffioners of Bankruptcy iffued 
a Warrant to feize Goods of a Bank- Hill. 8. Ami. 
rupt on board two Ships in Topjl.'.im- '" Chancery. 
Bay in Devonfljire ; the Goods were 
configned loPcrfons in H'Mand, who had not paid the 
Bankrupt for them ; the Mailers refufed to deliver 
the Goods notwithllanding the Warrant, which occa- 
fioned the CommilTioners coming to demand them, 
though they were ftiU refufed. 

Sir Peter King moved for an Order upon the Mailers 
for their Contempt. 

The Court at firll greatly doubted whether they 
could make an Order, in Aid and AlTillance of the War- 
rant of the CommilTioners of Bankruptcy, the Statute 
having veiled a large Power in them ; befides, the 
Perfons to whom the Goods are configned, would be 
indebted to the Creditors of the Bankrupt, which Cre- 
ditors may recover by the Law o( Holland. 

Sir Peter King. We fliall rather Iofe the Goods 
than follow them into Holland. 

Lord Chancellor. Their refufmg to deliver the 
Goods upon the Warrant, is no Contempt to this 
Court, though the Commiflloners a£t under a Com- 
mifllon under the broad Seal : The Marters in this 
prcfent Cafe have fome Colour to detain the Goods; 
for upon a Delivery of them, they may be difappoint- 
ed of Freight, and the Affignees of the Commiirion 
mull Hand in the fame Place as the Bankrupt, and be 
fubje£t to his Contrail. 

But however an Order was made upon the Mailers, 
to deliver the Goods upon the Payment of the Freight, 
and the Mailers to be indemnified by the Creditors 
againll a Bill of Lading, which was fent by the Coti- 
fignces. 

I have now finifhed the Subje£l oi Ships and Seamen, 
which has been fputi out to a great Length, by the 
necelfiiry Quotations of Ca!"es and Laws, fo interell- 
ing aTopick calls for; and I think the omitting any 
of them, would have rendered the Difcourfe detec- 
tive : It is true the Le<£lure mull be dry and taftelefs, 
even to thofe who ufe it for Information, and much 
more fo, where it is not wanted ; yet as fuch Treatifes 

O are 



98 



0/ B I L L S OF L A D I N G, ^^V 



are not calculated to divert, but inflru(51, I have en- 
deavoured to render it as conducive to th's lall Pur- 
pofe as I am able, and hope it will prove lb to thofe 



A\ li > fhall have Occafion to ule it ; and T fhall now^ 
aciarJing to my propofed Method, proceed to treat 
of other marine Affairs, fuch as 



Freight, Charterpartks, Bills of Lading, Demorage, and Bottomry. 



FREIGHT is the Sum agreed on for the Hire of 
a Ship, or Carriage of Goods, and mufl be paid 
in preference to all other Debts, for whofe Payment 
the Goods (land engaged ; but as thofe are obliged to 
the Ship for her Hire, fo is the Ship to the Owner of 
the Goods, in cafe of Damage or Wafte, through 
any Defed of jhe Veffel or Sailors. 

Charterparty {Charta Partita, i.e. a Deed or 
Writing divided) is the fame in the Civil Law, with an 
Indenture at the Common Law: It fettles the Agree- 
ment, as the Bins of Lading do the Contents of 
the Cargo, and binds the Mafler to deliver them well 
conditioned at the Place of Difcharge, according to 
the Agreement; and for Performance, the Mafter 
obliges himfelf. Ship, Tackle and Furniture. 

The taking a Ship to Freight, is the Hiring her of 
her Mafter or Owners, either in Part or the whole, 
and either by the Month, or for an f«//rf Voyage, or 
by the Ton ; and the C-mtnifl, reduced into a Writ- 
ing commonly called a Charterparty, executed be- 
tween the Freighter, and the Perfon who lets the Ship, 
and expreflive of the different Particulars agreed on, 
as aforefaid. 

The Mafter or Owners generally covenant to pro- 
vide both a Sufficiency of Tackle and Mariners, and 
to fit the Ship in every Refpeft for performing the 
Voyage agreed on ; and the Merchant on his Part, 
ftipulates to comply with the Payment promifed for 
Freight, on Delivery of his Goods, and both oblige 
themfelves in Penalties for Non-compliance ; the Na- 
ture and Form of which will be ftiewn in the fuhfe- 
quent Copy of a Charterparty, and the confequent Se- 
curity oi a Bill of Lading, both which I have inferted 
for my Reader's Government. 

If there be a verbal Agreement only, 
PerLeg Nav. and Earmp given, and the fame be 
Rhod, Art. 1 9. broke off by the Merchant, according 

to the Rhcdian Law, he lofes his Ear- 
n-'Ji; but if the Owners or Mafter repent, they forfeit 
double. 

But by the Common Law of Englaiul, 
Cro. the Party damnified may bring his Ac- 

Car. 383. tion of the Cafe, and recover all Da- 
mages on the Agreement. 



If by the Time appointed in the Charterparty, the 
Ship is not ready to take in, or the Merchant (after 
the Days of Demorage commonly granted) not ready 
to load, the Parries are at Liberty, and the fuffering 
o«f hath his Remedy againft the other by A<5tion, to 
recompenfe the Damage. 

If Part of the Loading be on board, 
and fome intervening Misfortune pre- JurcMar.L.z. 
vents the Merchant from fhipping the Cap. 4. S. 3. 
whole in Time, the Mafter is at Liber- 
ty to contract with another, and ftiall have Freight by 
way of Damage for the Time that thofe Goods were 
on board after that limited ; for fuch Agreements 
being of a conditional Nature, precedent a Failure as 
to a compleat Loading, will determine the fame, un- 
lefs aherwards affirmed by Confent ; and though it be 
no Prudence for every Merchant or Mafter to depart 
from the Contract, on a Noncompliance of Articles, 
yet it is the higheft Juftice, that Ships and Riafters 
fhould remain free ; for otherwife, by the bare Lad- 
ing of a Cafk or Bale, they might be defeated of the 
Opportunity of Paffage, or Seafon of the Year. 

So on the other Hand, if the Veffel 
be not ready, the Merchant may fhip Cro. Car. 383. 
the Remainder of his Goods on board 3 ^'^- 2^3- 
another, and difcharge the firft, and re- 
cover Damages againft the Mafter or Owners for the 
reft ; this being grounded on the like Reafon as the 
former. 

Cbarterpartic! have always by the Common Laixj had 
a genuine Conftru<3ion as near as may be, and ac- 
cording to the Intention and Defign, and not accord- 
ing to the literal Senfe of Traders, or thofe that mer- 
chandize by Sea, yet they muft be regularly pleaded i 
and therefore in an AQion of Covenant or an Inden- 
ture dated the pth 0^7. 38 El. wherein was recited, 
ivhereas by Indenture of Charterparty dated September 8. 
38 Eliz. between the Plaintiff and Francis Cherry; the 
Plaintiff having hired of him a Ship, for a Voyage 
to Dantziek, upon taking the Ship it was agreed be- 
tween them, that the Ship fhould be laden with Corn 
at Dantziek, and lad from thence to Leghorn. Now 
by the faid Indenture, in Confideration the Plaintiff 
had agreed, that the Defendant fhould have the Moiety 

of 



Of BILLS OF LADING, 



99 



of Corn, quod tunc fuit (what it then was) or after- 
wards fliould be laden in the Ship during the faid 
Voyage, the Defendant covenanted to pay the Moie- 
ty of the Money for the faid Corn, quod tunc fuit, 
or afterwards fliould be laden, Wr. and alledgeth in 
fa£lo (in fad) that 0£i. 9, 38 Eliz.. the Ship was 
laden with 60 Lafts of Corn, and for not Perfor- 
mance of this Covenant, the Atlion was brought; 
the Defendant pleaded that the Deed was fealed and 
delivered 0£t. 28, 38 Eliz. i^ quod ad tunc vd pojlea 
(and which to that Time or afterwards) there was 
not any Corn laden there, and traverfeth the De- 
livery 0£t. 9. or at any Time afterwards before the 
28th Oft. 38 Eli'z.. and it was adjudged upon De- 
murrer, that in Regard the Piainiiff declared upon 
a Deed dated 0£t. 9, 38 Eliz.. it fliall be intended to 
have its Effence and Delivery at that Time, and no 
other; and if he fhould confefs it to be delivered at 
any other Time, it would be a Departure from his 
Declaration, and the Word tunc is referred to the 
Delivery, and not to the Date; and if it were de- 
livered ten Months after the Date, he fhould not 
have the Benefit of the Corn laden before the De- 
livery: And therefore the Defendant 

2 Cro. 263. was adjudged not to be charged with 
Ofley verf. Sir paying for any Corn before the De- 
Baptift Hicks. livery of the Deed, the Words of 

the Deed being, that he fhould pay 
for the Corn then laden, i^c. which (then) is re- 
ferred to the Time of the Effence of the Deed by 
the Delivery, and not to the Date. 

Atkinfon contrafted with Buckle, for 

3 BulJ}. 152. the Carriage of an hundred Quarters 
I ^0. 312. of Barley, and promifed to deliver 

unto him the hundred Quarters of 
Barley a Shipboard at Barton Haven in the County of 
Tork, to carry them for him, and for the Carriage 
thereof did promife to pay him fo much ; and Buckle 
promifed to carry the fame for him, and accordingly 
brought his Ship to the faid Haven, expeSing there 
the Delivery of the hundred Quarters of Barley; 
but Atkinjon came not to deliver the fame to him, 
whereupon Buckle brought his AiStion of the Cafe upon 
the Promife, and upon non c.jjumpftt pleaded, had a 
Verdift and Judgment, which was affirmed upon a 
Writ of Error. 

Covenant upon a Charterparty between Bolton 
Owner, and Lee and Morgan Merchants, Freighters 
ot a Ship, let by Bolton, on Freight, for a Voyage 
to Guinea at 48/. p^r Mcnfem, and there was a mu- 
tual Covenant between the Parties, & qucmlibct eorum 
tncdo fequente (and either of them in the following 
Manner) and then divers Covenants follo^v, concern- 



ing the Ship's Tackle and Performance of the Voy~ 
age ; and then a Covenant for the Payment of the 
Freight (viz.) when the Ship arrived at Guinea, the 
Freight then due, was, upon Notice, to be paid in 
England, and when fhe arrived in England, the Re- 
fidue, from the lall Payment, was to be paid. And 
faiih that at fuch a Ti.me, the Ship arrived, and that 
fix Months and ten Days were then part:, which came 
to fo much, whereof Notice was given, and that af- 
ter fuch a Time the Ship arrived at England, and 
that the Freight for fix Months, from the Time of 
the lad Payment, came to 287/. 4/. and that the 
Defendant had not paid any of the Sums ; upon 
v/hich the Defendant demurred, and took thefe Ex- 
ceptions to the Declaration. 

1. For this, that the Action is 

brought againft one of the Defendants i Mod. Caf. 
only, omitting the other, fed non alio- 154. Salk. 
catur (but not allowed) the Covenant 393- P'- '• 
being between them, id quemlibet 
eorum (and either of them) is joint, and feveral of 
every Part. 

2. For that it appears upon Computation, the 
Plaintiff demanded more upon the firft Breach than 
is due, by 30/. and lefs than is due upon the fecond 
by 16/. and tho' that the firft may be cured by the 
Jurors finding lefs, or by the Plaintiff's releafing the 
Overplus, yet where he demands lefs than his due, 
it is incurable, and cited feveral Books there quoted 
for that Purpofe in ajfumpjlt, where, as in this Cafe, 
only Damages are to be recovered ; and on the other 
Part was cited, Cro. 'Jac. 498. Pemberton v. Shelton, 
and 529 Parker v. Curfon id Uxor, See 2 Levinz 4 
Flulme id Sambers ; and 2 Vent, i 29, IVelby id Philip!. 
Hale C. J. took a Difference between this Cafe of 
Covenant and Debt, and held, that after Verdift it 
had been cured without Queftion ; but upon De- 
murrer there may be fome doubt, the Demurrer be- 
ing general ; but had the Demurrer been fpecial, it 
had been ill and ruled Judgment, pro £hier. 2 Lt- 
•vinz 56, and 3 Kcble ^g and 50. Bolton and Lee. 

It Goods are fully laden on board, 
and the Ship hath broke Ground, and Ad Leg. RhoJ. 
the Merchant on after Confideration 
determines again to unload them, and not profecute 
the Adventure, by the Marine Lazv, the Freight is 
due. 

And if the Ship in her Voyage be- J"'^. OLron, 
comes unable, without the Matter's Leg. ult. ad 
Fault, or that the M after or Ship be ^'^'"^■ 
arretted by any foreign Prince, or 
State, in her Voyage, the Matter may either mend 
his Ship or freight another ; but if tlie Merchant will 
O 2 not 



100 



0/ B I L L <^ ^/ L A D I N G, 



&'c. 



not confent thereto, then the Freight 
Di2:c!T:. becomes due, for fo much as the Ship 

Pmilu:, I. 14. hath earned; otherv.ife the Pdaller is 
c. 2. S. 10. liable for all Damages that fhall hap- 

pen : And therefore if that Sliip, to 
which the Goods were tranflated, penfhed, tlie 
Miller fhall anfwer ; but if both tlie Ships perifh, 
then he is difcharged : But in cafe of extreme Ne- 
cefTity, as that the Ship fhould be in a finking Conih- 
fion, and an empty Ship is palTmg by, or at hand, 
he may tranflate the Goods ; and if that Ship finks 
or perifhef, he is there excufed ; but then it mull be 
apparent that that Ship feemed probable and fuffi- 
cient. 

If a Mafter fhall weigh Anchor, and fail after the 
Time covenanted or agreed on for his Diiparture, if 
any Damage happens at Sea after that Time, he iTiall 
refund and make good all fuch Misfortune ; yet if a 
Chartcrparty is made, that the Plaintiff (hall fail from 
London to Lijl'jn, with the firft Wind and Opportu- 
nity, yr. in confideration of which, the Merchant 
did covenant to pay fo much for Freight ; the Ship 
departs not with the firfl; Wind and Opportunity, 

yet afterwards breaks Ground, and 
Pophtim\6i. arrives at her Port, the Freight in 

this Cafe is become due; for there is 
nothing can bar the Ship of her Freight, but the 

not Departure, for only that in Law is 
Palm. 398. traverfable, being material to avoid 

Latch \z. ^q. the Payment of the Freight; but to 

fay the Ship did not depart with the 
next Wind, is but a Circumftance, which, in ftrift- 
nefs of Laws is not traverfable. 

If it be agreed, that the Mafter fhall fail from Z,««- 
don to Leghorn in two Months, and Freight accord- 
ingly is agreed on, if he begins a Voyage within the 
two Months, though he does not arrive at Leghorn 
within the Time, yet the Freight is become due. 

The Eajl-India Company might by 
'2 Fern. 210. Charter-party keep a Ship they had 

freighted a long Time in India, and 
did fo keep her until fhe was unfit for Service, and 
could not come home, they were obliged in Chancery 
to pav the Damage, tho' by the Charterparty it was 
payable at the Return of the Ship. 

So where no Freight was to be paid 
z Fern. 212. for the Cargo oiif-vards, but Freight 

for the Cargo homewards, and the 
FaClor abroad had no Goods to load her homewards. 
Payment of the Freight was decreed. 

And if a Ship is freighted to go to any Place to 
load, and on her Arrival there, the Fador cannot, or 



will not put any thing on board him, a'"ter the Maf- 
ter has laid tlu Days agreed on by Charterpartv, 
and made his regular Protells, he fhall be paid emp- 
ty for full. 

Thougii the Officers and Mariners 
gave Bond not to demand Wages, un- 2 Fern. 727. 
lefs the Ship returned to London; flie 
arrived at a delivering Port, and afterwards was 
taken by the Enemy ; they had their Wages to the 
delivering Port. 

If a Ship is freighted from one Port 
to another, and thence to a third, iei;. Rdega- 
fourth, and fo home to the Port from tiff, de f'frnis 
V. hence fhe firft failed (commonly & Leg. uli. de 
called a trading Voyage) this is all but fef. 'vio. 
one and the fame Voyage, fo as it be 
in conformity to the Charterparty. 

A Merchant agrees with a Mafter, fr!„_ g Jac. 
that if he carries his Goods to fuch a in C. B. Rot. 
Port, he will then pay him fuch a 638. Bright 
Sum ; in the Voyage the Ship is af- v. Cooper. 
faulted, entered, and robbed by Pi- • Brozunl. 21. 
rates, and Part of her Lading taken 
forth, and afterwards the Remainder is brought to 
the Port of Difcharge, yet the Sum agreed upon is 
not become due, for the Agreement is not by the 
Mafber performed. 

Tho' by the Civil Law, this is vis major, or cafiis 
fortuitus, (the greater Force, or an accidental Cafe) 
there being no Default in the Mafler or his Mariners, 
and the fame is a Danger or Peril of 
the Sea, which if not in Naval Agree- ■^ Co. 97. ^hel- 
ments expreffed, yet is naturally im- ley\ Cale. 
plied ; for it is certain, that if thofe Refiner and 
Goods which the Pirates carried away, Fogaffa% Cafe, 
had been in Strefs of Weather thrown PloivdenCom. 
overboard, the fame would not have But a Pirate is 
made a Difability as to the Receipt of notanEnemy. 
the Sum agreed on ; for by both the 
Common and Marine Law, the A& of God, or that of 
an Enemy, (hall no ways work a Wrong in private 
Actions. 

If a Ship be freighted by the Tons and (he is 
full laden according to the Charterparty, the Freight 
is to be paid for the whole ; otherwife but for fo 
many Ton as the Lading amounted to. 

If Freight be contraded for the jure Mar. 
lading of certain Cattle, or the like, L. 2. Ch. 4. 
from Dublin to Wejl-Chejler, and fome S. 8. 
of them happen to die before the 
Ship's Arrival, the whole Freight is become due as 

well for the Dead as the Living. 

But 



Of BILLS OF LADING, &'c. 



TOI 



Ditto. 



Ditto. 



Ditto. But if the Freight be contraded tbr 

the trr.nfportinc; tliem, at fo much per 
Head, if Death happens, there arifeth due no more 
Freight than only for fuch as are Uving, at the Ship's 
Arrival at her Port of Difcharge, and not for the 
Dead. 

When the Cattle or Slaves are fent 
aboard, without any previous Agree- 
ment for lading or tranfporting them, but generally, 
then Freight fliall be paid as well for the Dead as 
the Living ; and if Freight be contrafted for the 
tranfporting of Women, and they happen in the 
Voyage to be delivered of Children, no Freight be- 
comes due for the Infants. 

If Goods are fent on board, gene- 
rally, the Freight muft be according 
to that commonly paid for the like accuftomed Voy- 
ages. 

J-,- If a Ship fhall be freighted, and 

named to be of fuch a Burthen, and 

being freighted by the Ton, fhall be found lefs, 

there fliall no more be paid than only by the Ton, 

for all the Goods that were laden on board. 

And if a Ship be freighted for two 
Ditto. hundred Tons, or thereabouts, the 

Addition of thereabouts is common- 
ly reduced to be within five Ton, more or lefs, 
as the Moiety of the Number ten, whereof the 
whole Number is compounded. 

If a Ship be freighted by the Great, 
Chtijf. y Jones and the Burthen of it not exprefied, 
ved. Lo'veriiig y^t the Sum certain is to be paid. 
HijUs 220. If a Freighter by loading prohibit- 

ed or unlawful Goods, occafions the 
Ship's Detention, or otherwife impedes her Voy- 
age, he fhall pay the Freight contraded and agreed 
for. 

When a Ship is freighted out and 
Trin. 9 Jac. in (or out and home) there is no Freight 
B. R Bright due till the whole Voyage is perform- 
verl. Coivfer. ^j . fo (hat if flie be cafl: away com- 
jBrWsau 1 ;^g j^^^^^^ ^j^^ Freight outwards, as 

well as imvarJs, becomes lofl:. 
In Chancery, A Part Owner of a Ship fued the 

i3 7«^i6So. other Owners for his Share of the 
Freight on finifhing her Voyage ; but 
the other Owners had fitted her out, in which the 
Complainant would not join, whereupon the other 
Owners complained in the Admiralty ; and by Or- 
der there, they gave Security, that if the Ship pe- 
riftieci in the Voyage, to make good to the Plantiff 
his Share, or to that Effea; in fuch a Cafe, by the 



Law Marine and Courfe of the Admiralty, the Plain- 
tiff was to have no Share of the Freight: It was 
referred to Sir Lionel Jenkins to certify the Courfe 
of the Admiralty, who certified accordingl)-, and 
that it was fo in all Places, for otherwife there would 
be no Navigation ; whereupon the Plaintiff's Bill was 
difmiffed. 

If a Mafter lets out his Ship, and 
afterwards fecretly takes in other Le^. Oh.rm. 
Goods unknown to the firft Freigh- ^-'f ^'"'^">I. 
ter, by the Law Marine he lofes his ^^'^^ -'''■'■ -5- 
Freight; and if it fhould fo fallout, 
that any of the Freighter's Goods, lliould for Safety 
of the Ship be cafl overboard, the reft fhal! not be- 
come fubjeft to the Average, but the Mafter muft 
make the Damage good ; tho' if the Goods are 
brought into the Ship fecretly and un- 
known to him, it is otherwife ; and Confol. del. 
Goods fo brought in, may be fubje£f- Mer. 
ed to what Freight the Mafter thinks fit. 

When a Ship puts ii>to any other 
Port than that fhe was bound to by Leg. Oleron. 
Agreement, the Mafter fhall anfwer ' 

all Damages that fhall accrue thereby; but if fhe 
was forced in by Storm, Enemies, or Pirates, he 
muft afterwards proceed to that he was obliged to 
by Contraff. 

In Conftru£lion of Law, the lading Bald, in leg. 
of the Ship is tacitly obliged for the certi juris in 4 
Freight, the fame being in Point of Q:. '" V^'''': 
Payment, preferred before any other quidergoCod. 
Debts, to which th? Goods fo laden '°'^^^- 
are liable, though fuch Debts, as to 
Time, were precedent to the Freight; for the 
Goods remain, as it were, bailed for the fame; nor 
can they be attached in the Mafter's Hands, tho' it 
is commonly conceived otherwife. 

As Ships deferve Wages like a La- Stanley verf. 
bourer, the Adions touching the fame, ytiles, by Hale. 
are in the Eye of the Law, generally 3 ^^- 444- 
conftrued favourably for the Ship and 
Owners; and therefore, if four Parts in five of them, 
fhall make up their Accounts with tlie Freighters, 
and receive their Proportions, vet the fifth Adan may 
fue fingly by himfelf without joining with the reft, 
and this as well by the Common Law as the Lavj Ma- 
rine. 

If a Ship in her Voyage happens 7 R II. 
to be taken by an Enemy, and a,fter- Stalkam 
wards is retaken by another Ship in Abridg. 54. 
Amity, and Reftitution is made, and 
fhe proceeds on in her Voyage, the Contrad is not 

deter- 



10 2 



Of BILLS OF LADING, ^c. 



determined, tho' the taking by the Enemy dive lied 
the Property out of the Owners ; yet by the Law of 
War, that JPoflefTion was defeafible, and being re- 
covered in Battle afterwards, the Owners become 
re-invefted; fo the Contraft, by Fiction of Law, be- 
came as if fhe never had been taken, and fo the en- 
tire Freight becomes due. 

It was covenanted by a Charterpar- 
ntZ'".K^t ty. that a Ship ihould return by a cer- 



Barkley, Sliles 



tain Time within the River of Thames 



13 2. 2 RoUs's , , „ ,- 1 o ]\ 1 

Abrido- 24.8 ("^e Uangers ot the bea excepted) and 
afterwards in the Voyage, and within 
the Time of the Return, the Ship was taken upon 
the Sea by Enemies unknown to the Covenanter, and 
being detained by them, could not return within the 
River of Thames, within the Time mentioned in the 
Covenant. Refohed, this Impediment was within 
the Exception, for thefe Words intend as well any 
Danger upon the Sea by Pirates or Men of War, 
as Dangers of the Sea, by Shipwreck, Tempeft, 
or the like. 

. If Freight be taken for a hundred 

^■^," r,.,,' n Tons of Wine, and twenty of them 
Cole. Hill. 26. , , r 1 1 ■ 1 

"-' Car 2 B °"t' * there is not above 

j^' eight Inches from the Bulge upwards, 

yet the Freight becomes due ; but if 
they be under eight Inches, ibme conceive it then to 
be in the Eleftion of the Freighters to fling them up 
to the Mafter for Freight ; but moft think other- 
wife ; for if all had leaked out (if there was no Fault 
found in the Stowage, by a Survey from the Trinity- 
H'jufe) there is no Reafon the Ship fliould lofe her 
Freight; for the Freight arifes from the Tonage 
taken, and if the Leakage was occafioned through 
Storm *, the fame perhaps may come into an Ave- 
rage. 

It is certain, if a Ship freighted by the Great be 
caft a^vay, the Freight is loit; but if by the Ton or 
Parcels, and Part thereof is faved from the Wreck; 
doubted whether pro rata, (he ought not to be an- 
fvvered her Freight f . 

If a Ship by Cbarterparty; 'reciting to be of the 
Burden of 200 Tons, is taken to Freight for a Sum 
certain, to be paid at her Return, the Sum certain 
is to be paid, though the Ship amounts not to that 
Burden. 

In Cafe a Ship is freighted after the Rate of 20/. 
for every ]\Iofith that (he fhall be out, to be paid af- 
ter Arrival at the Port ot London ; the Ship is call 



away coming up from the Di-vns, but the Lading is 
all preferved, in which Cafe the Freight is become 
due ; for the Money arifes fo Monthly by the Con- 
tract, and the Place mentioned is oniv to ihew where 
Payment is to be made; for. the Ship deferves Wages 
like a Mariner whoferveth by the iVIonth ; and the' 
he dies in the Voyage, yet his Executors are to be 
anfwered pro rata. Befides, the Freight becomes due 
by Intendment on the Delivery or bringing up of the 
Commodities to the Port of Lond-.n, and not of the 
Ship. 

If a Man freights a Ship Out, and 
covenants that the Ship fhould (ail out i 5«^"?. 176. 
of that Port to Cadiz with the firfl i In't 204, 
fair Wind and Opportunity, and the "■ ^Y- 1^- "■ 
Freighter covenants that for the ' • 35°- 
Freight of all the PremifTes he would 
pay unto the Matter 184/. if the Mafter doth not 
aver, that the Ship did arrive at the Port of Cadiz, 
he cannot maintain an Aftion againft the Freighter. 

If the Mafter enters into a Cbarterparty for him- 
felf and Owners, the Matter in that Cafe may releafe 
the Freighters, without advifing with the Owners; 
but if the Owners let the Ship out to freight, where- 
of y. J. is Mafler, though the Matter covenant in 
the fame Charterparty and fubfcribes, yet his Re- 
leafe in that Cafe will not bind the Owners, but the 
Owners Releafe on the other Hand will conclude the 
Mafler: And the Reafon is, for that the Mafter is 
not made a proper Party to the Indenture. And fo 
it was ruled, where an Indenture of Charterparty was 
made between Scudamore and other Owners of the 
good Ship called the B. v/htrtoi Robert Pitman was 
Matter, on the one Part, and Fandenjlene on the other 
Part; in which Indenture the Plaintiff did covenant, 
with the fiiid Vandenflene and Robert Pitman, and bound 
themfelves to the Plaintiff and Robert Pitman for the 
Performance of Covenants in 600/. and the Con- 
clufion of the Indenture was — In tvit- 
nefs '■jubereof the faid Robert Pitman put Cro. Eliz. 56. 
his Hand and Seal, and delivered the Scudamore ts" 
fame; in an Action of Covenant, for ^'- verC P/V- 
not performing certain Covenants in """'■ '": 
this Indenture, the Defendant pleaded ^^n''^' T • 
the Releafe oi Pitman, whereupon the ^ , ' "^^^."^ 

r>i ■ .rr j j j 11 t-»« 2 llUtlt. 

Plaintiit demurred; and it was ad|udg- r 1 ^, 

ed, that the Releafe of Pitman did not , Lrvinz 7/. 

bar the Plaintiff becaufe he was no Cook. mA Child. 

Party to the Indenture ; and the Di- and 3 Le'vinz. 



* Majters Jhould take care to make their regular Protejis after <i Storm, as they may fuffer feverely by omitting it. 
•f /( is nmmtn to ^ve Mf ivbat is faved to tie Affurers, that the Affured may recover the luhole Infurance. 



verfity 



0/ B I L L S OF LADING, &=€. 



13?. Ci'h "v- verfity in that Cafe was taken and a- 
C '- greed between an Indenture red- 

/;//./..■;/»•«. prucal between Parties on the one 

bide, and Parties on the other Side, 
as ihat was ; for there no Bond, Covenant, or Grant 
can be made to, or with any that is not Party to the 
Deed; but where the Deed indented is not recipro- 
cal, but is without a Betweer., &c. as omnibus Chr-Jli 
Jidelibut, &c. there a Bond, Covenant, or Grant may 
be made to diverfe feveral Perfons. 

If an Indenture of Charterparty be 
He7"' IroIIs ^""^^ between A and B. Owners of a 
Jhr^i " ^ ^'^'P °'^ ''^^ ^"'^ Part, and C. and D. 

Merchants of the other Part, and A. 
only feals the Deed of the one Part, and C. and £>. 
of the other Part; but in the Indenture it is men- 
tioned that A. and B. covenant with C and D. and 
C. and D. covenant with A. and B. in this Cafe, A. 
and B. may join in an A£fion againft C. and D. 
though that B. never fealed the Deed, for he is a 
Party to the Deed, and C. and D. have fealed the 
other Part to B. as well as to A. 

Covenant upon a Charterparty, by which the Maf- 
ter of a Ship covenants to fail with the firfl: fair 
Wind to Barcelona, and that the Mariners fhall at- 
tend with a Boat toreladethe Ship,and then to return 
with the firfl fair Wind to London, and to unlade and 
deliver the Goods ; and the Merchants covenant to 
pay fo much for Freight, and fo much for Demorage 
every Day ; the Mafter brouglit his A£lion for the 
Freight and Demorage, and declares that he failed 
fuch a Day, with (lie firfl fair Wind, and upon all 
the other Points. The Defendant quoad the Freight, 
that the Ship did not return direSly to London, but 
went to Alicant and Tangier, made diverfe Devia- 
tions, and by thefe Delays the Goods were fpoiled ; 
and as to the Demorage, that this was occafioned by 

the Negligence of the Mariners, in 
3 Levinz. 41. not attending with the Boat to relade 
Cole tent. the Ship, to which the Plaintiff de- 

Shalleti, .Sir murred, and per Curiam pro ^ler. 

Tbo.yo,.es,2i6. f^^ ji^gj (j^g Covenants are mutual and 
^ J reciprocal, upon which each Ihall have 

Lex Merc D ^'* A£tioH againft the other, but fhall 
,,- ' not plead the Breach of one in bar of 

another, for perhaps the Damage of 
the one Fide and the other are not equal. 

If a FaQor freights a Ship, by Order and for Ac- 
count of another. Out and Home, and a Charter- 
party is accordingly made and indented between him 
and the Mafter; the FaQor is liable for the Freight 
and Performance of all Covenants; but if the Ship 
be only freighted Outwards, and loaded by the Fac- 



103 

tor, the Goods fhipped are only liable for the Freight» 
and no Demands to be made on the Freighters in 
Virtue of the Charterparty, but the Perfon who re- 
ceives the Goods is to pay it, according to the Tenor 
of the Bill of Lading. 

If a Ship is freighted Out and Home, and after 
having delivered her Cargo at the Place agreed on, 
there are no Goods provided for her reloading, the 
Mafter muft ftay the Days of Demorage agreed on 
by Charterparty, and make his regi'lar Proteft for 
his Freighters Non-Compliance, vviio will in this 
Cafe bo obliged to pay him empty for full ; though 
fhould the Mafter not wait the Time ftipulatcd, or omit 
to make his Proteft, he will lofe his Freight; and in 
Cafe the Mafter, on his finding no Goods provided 
by his Freigliters, fhould determine to load fome on 
his own Account, as Salt, or the like, this will not 
obftru£l his recovering his Freight ; for i^ the Ship 
had been laden only with Salt by the A/Ierchant, 
which (it may be) would not pay half the Freight, 
yet the Shipper or Proprietor may at Pleafure aban- 
don the fame to the Mafter for his Freight, and he 
can demand no more by the Charterparty ; but if 
the Mafter take in fuch Salt on his own Account, be- 
fore the Days of Demorage are expired, and that 
by fome Condition made with his Freighter, he may 
claim Freight, then this latter is to have the Benefit 
of the Salt in Dedudlion of the Freight. 

Form of a Charterparty of Affreightment. 

CrHIS Charterparty, indented, made. Sec. betzveen 
-* A. B. of &rc. Mariner, Majler, and Owner of the 
good Ship, or Veffel, called, &c. no-jj riding at Anchor 
at, &c. of the Burden of two hundred Tons, or there- 
abouts, of the one Part, and C. D. of, &c. Merchant, of 
the other Part, witnefTeth, that the faid A. B. for the 
Confideration herein after mentioned, hath granted, and to 
Freight letten, and by thefe Prefcnts doth grant, and to 
freight let, unto the faid C. D. his Execut-jrs, Adnr'nifra- 
tors, and Affigns, the whole Tonnage of the hold, Stern- 
fljeets, and Half Deck, of the faid Ship or Veffel, called, 
&"c. from the Port of London to, &c. /" a Voyage to be 
made by the faid A. B. with the faid Ship, in Manner 
hereafter mentioned (that is to fay) to fail zvith the firjl 
fair Wind and JVeather, that fiall happen after, &ic. 
next, from the faid Port of London, with the Goods 
and Merchandize of the faid C. D. his Fafiors, or AJfignt, 
on board, to, &c. aforefaid (the Dangers of the Sea ex- 
cepted) and there unlade and make Difcharge of the faid 
Goods and Merchandifes ; and alfo fjall there take into, 
and aboard the faid Ship again, the Goods and Merchan- 
difes of the fa'id C. D. hts Fa£lors or Afjigns, and jhall 

then 



0/ B I L L S OF LADING, &'c. 



104. 

th:n return to the Port of hondon, uiith the fahi Gcotlr, 
in the Space of, Sec. limited for the End of the /aid 
Voyage. In Confidera'.ion ivbereof the faid C. D. for 
himfelf, his Executors, and Adminijlrators, d'j cove- 
nant, promife, and grant, to and with the faid A. B. 
his Executors, Admini/lrators, or Affigns, by thefe Prc- 
fents, that the faid C. D. bis Executors, Adminifira- 
tirs, FaStors, or Affigns, jl\iU, andvjill, vj ell and tru- 
ly pay, or caufe to he paid unto the faid A. B. bis Ex- 
ecutors, Adminifrators, or Al/igns, for the Freight of 
the /aid Ship and Goods, the Sum of, &c. for fo much 
per "TonJ ixiithin twenty-one Days after the faid Ship's 
Arrival, and Goods returned and difcharged at the Port 
of London aforefaid, fur the End of the faid Voyage : 
And alfo, (ball and 'Mill pay for Demorage f if any pall 
he by the Default of hnn the Jaid C. D. his Fa."ors or 
Affigns) the Sum of, &:c. per Day, daily, and every 
Day, as the fame fiall grovu due. And the faid A. B. 
for himfelf, his Executors, and Adminifirators, doth 
covenant, promife, and grant, to and tvith the faid C. 
D. his Executors, Adminifirators, and Affie^ns, by thefe 
Prefnts, that the faid Ship or Veffel fljall be ready at 
the ^Port of London, to take in Goods by the faid C. D. 
on or before, &i:c. next coming. And the faid C. D. for 
himfelf, his, &c. doth covenant and promife, zvithin 
ten Days after the faid Ship or Veffel pall be thus ready, 
to have his Goods put on board the faid Ship, to pr-'ceed 
on in the faid Voyage ; and alfo on the Arrival of the 
faid Ship at, 2cc. within, &-c. Days, to have his Goods 
ready to put on board the faid Ship, to return on the faid 
Voyage. And the faid A. B. for himfelf, his Execu- 
tors, and Adminifirators, doth farther covenant and 
grant, to and with the faid C. D. his Executors, Admi- 
nifirators, and Affigns, that the Jaid Ship or Veffel noui 
is, and at all Times during the faid Voyage fall be, to 
the bef Endeavours of him the faid A. B. his Executors, 
and Adminijlrators, and at his and their otvn proper 
Cofs and Charges, in all Things made and kept ftiff, 
flaunch, frong, well apparelled, J'urnifed, and pro- 
vided, as tvell ■with Men and Mariners, fiiffcient and 
able to fail, guide, and govern the faid Ship, as with 
all manner of Rigging, Boats, Tackle, Apparel, Furni- 
ture, Provifion, and Appurtenances fitting and necejfary 
for -the faid Men and Mariners, and for the faid Ship 
during the Voyage aforefaid. In Witnefs, I3e. 

The following is the Form of a Charterparty, where- 
by the Owners of one Moietv of a Ship, let to 
Freight their Share to the Owners of the other 
Moiety. 



HIS Charterparty, indented, mp.de, I3c. \iz- 
iwecn^if. B. and C. D. of Lc/^^o/i, JVIcrchants, 



Owners of the one Moiety or half Part of the good 
Ship or Veffel called the Neptune, of the Burden of 
500 Tons, with the like Moiety of all the Saili, 
Marts, Tackle, Apparel, Furniture, Ordnance, 
and Appurtenances thereunto belonging, now riding 
at Anchor in the River of Thames, within the Port 
of London, of which the faid C. D. is Mafter, of 
the one Part, and E. F. and G. H. of London, Mer- 
chants, Owners of the other Moiety and Refidue of 
the faid Ship, with the Mafts, Sails, Tackle, Ord- 
nance, Furniture, and Apparel thereunto belonging, 
on the other Part, WITNESSETH, that the laid A. B. 
and C. D. have granted and letten to Freight, and 
by thefe PreJ'ents do grant and let to Freight, all 
that their fail Part and Moiety of the laid Ship and 
Premifes, unto the faid E. F. and G. H. for a Voy- 
age, with her (by God's Grace) to be made in the 
Manner and Form following. 

That is to Jay, That the laid A. B. and C. D. for 
them, their Executors, Adminifirators and Affigns, 
do hereby covenant and grant, to and with the faid 
E. F. and G. H. for them, their and either of their 
Executors and Adminifirators by thefe Prefents, that 
the faid Ship (being already laden) fliall with the 
firfl good Wind and vVeather, after the Date hereof 
(God permitting) fail diredly from the faid River 
of Thames, to the Port of Leghorn in Italy (the Perils 
and Dangers of the Seas excepted) and there dif- 
charge fuch Goods and Merchandifes as fhall be di- 
refted and appointed by the faid E. F. and G. H. or 
one of them, their, or one of their Factors or 
Affigns, and from thence fhall fail, and take her 
dire6l Courfe, as Wind and Weather fhall ferve, 
with as much Speed as may be (the Perils and Dan- 
gers of the Sea excepted) to Venice, and there fhall 
flay and abide the Space of forty \\ orking Days, next 
after her firfl Arrival there, to unlade all fuch Goods 
and Merchandifes as fliall remain on board for Ac- 
count of E. F. and G. H. after her Delivery at Leg~ 
horn as aforefaid ; and to relade fuch Goods, Wares 
and Merchandifes, as the faid E. F. and G. H. or 
either of them, their or either of their Fadors or 
Afiigns, fliall think fit to cha.-ge and relade, aboard^ 
and into the faid Sliip, that is to fay, fo much as the 
faid Ship can conveniently carry, over and above her 
Victuals, Tackle, Ammunition, Apparel, and Fur- 
niture. 

And the faid Ship with her faid Loading, fhall 
with the firilgood ^"I'ind and VV^eaiher, after the Ex- 
piration of the faid forty Days, fail and proceed from 
the faid City of Venice to London. And the faid E. F. 
and G. H. for themfehes, and either of them, their 
and either of their Executors and Adminiftrators, do 

covenant. 



0/ B I L L S OF LADING, ^c. 



10 



covenant, promlfe and grant, to and with the faid 
A. B. and C. D. and either of them, their and ei- 
ther of their Executors, Adminiftrators, and Afllgns, 
ty tbefe Prefents, that tliey, the faid E. F. and G. H. 
or one of them, their, or one of their Executors, 
Adminiftrators, or AfTigns, fhall and will well and 
truly pay or caufe to be paid to the faid A. B. and 
C. D. or one of them, their, or one of their Exe- 
cutors or Adminiftrators, within the faid City of 
London, for every Ton of fuch Wares and Merchan- 
idifes as ftiall be laden or unladen in the faid Ship, 
during the faid Voyage, the Sum of, Eifr. (counting 
ibe Tonage according to Cufljm \ or ij a certain Sum 
is agreed for the Foyage, Out and Home, or fo much 
fer Month) for the Part and Intereft of the faid A. B. 
and C D. in the faid Ship, and for, and in Refpe<5l 
of the Freight and Hire of their Part of her ; which 
faid Money is to be paid in Manner and Form fol- 
lowing : "That is to fay, one third Part thereof upon 
the right Difcharge of the faid Ship, and another 
third Part thereof within the Space of fix Weeks 
then next following, and the remaining third Part 
thereof within the Space of two Months next enfu- 
ing after the End and Determination of the faid fix 
Weeks. 

And the faid A. B. and C. D. for them, and ei- 
ther of them, their and either of their Executors 
and Adminiftrators, do covenant and grant, to and 
with the faid E. F. and G. H. their Executors and 
Adminiftrators by tbefe Prefents, that the faid Ship, 
for their Part, fliall be ftrong and ftaunch, and well 
and fufficiently tackled and apparelled, with Sails, 
Sail-yards, Anchors, Cables, Ropes, Gun-Shot, 
Artillery, Gun-powder, and all other Inftruments, 
Tackle, and Apparel, needful and necefl^ary, for 
fuch a Ship and for fuch a Voyage, together with 
an able Mafter, and iufficient Number of Mari- 
ners. 

And to the Performance of all, and every the Cove- 
nants, Grants, Articles, and Agreements, on the 
Parts, and Behaifs of every of the faid Parties, truly 
to be holden, performed, and kept, in all Tilings as 
is aforelaid, the faid Parties to thefe Prefents, do 
bind themfelves to one another : that is to fay, the 
faid A. B. and C. D. do by thefe Prefents, bind 
themfeives, and either of them ; and their feveral 
Executors and Adminiftrators, Goods, and their Part 
and Intereft in the faid Ship, with the Furniture 
thereof, to the faid E. F. and G. H. and to their 
Executors and Adminiftrators; and the faid E. F. 
and G. H. do in like manner bind themfelves, and 
either of them, their and eiiher of their Executors, 
Adminiftrators and Afllgns, and all their Goods and 



Intereft in the faid Ship, to the faid A. B. and C. D. 
their Executors and Adminiftrators, in the Sum or 
Penalty of one thoufand Pounds, of lawful Money 
of Great-Britain, by the Party or Parties infringing 
the faid Covenants, or any of them, to the other 
Party or Parties cbl'erving, truly to be paid by Virtue 
of thefe Prefents. 

The great Variety of Circumftances which dif- 
ferent Voyages occafion, naturally produce a cor- 
refpondent Diverfity in Charterparties, and were I 
to quote a Series of all that offers on this Head, I 
fhould greatly exceed the Limits I have prefcribed 
myfelf : I therefore the rather omit it, as from thofe 
preceding, others may be formed, to anfwer every 
Purpofe required ; I fhall therefore, to what has 
already been faid about Freight, add here the Copy 
of a Bill of Lading, which is a Writing wherein 
Mafters of Ships acknowledge the Receipt of Goods 
aboard, and oblige themfelves to deliver the fame 
in good Order and Condition at the Place where 
they are configned to. There muft always be three 
made out, and in England they are to be on ftamped 
Paper, otherwife they are invalid, of which one 
fhould be remitted /)i?r firft Poft after Signing to the 
Perfon the Goods go to, another be fent him per the 
Ship, and the third remain with the Shipper; befidc 
which a fourth fhould be made out on an unftampt 
Paper to be given the Mafter for his Government. 

The Form of a Bill of Lading, viz. 

Snipped in good Order by A. B. W. B. 

Merchant, in and upon the good No. i alQ. 
Ship called whereof 

C. D. is Mafler, novj riding at Anchor in the River of 
Thames, and bound fr AVicant in Spain, ten Bales 
containing ffty Pieces of broad Cloth, marked and 
numbered as per Margin, and are to be delivered in the 
like good Order and Condition at hWcznt aforefaid, (the 
Dangers of the Seas excepted ) unto E. F. Merchant 
there, or to his Affigns, he or they paying for the faid 
Goods per Piece Freight, with Primage 

and Average accuflomed. In Witnefs whereof the 
Mafler or Purfr of the faid Ship bath affirmed to three 
Bills of Lading of this Tenor and Date ; one of which 
Bills being aecomplifjcd, the other two to fiand void. 
And fo God fend the good Ship to her defigned Port in 
Safety. Amen. 

Dated at London. 

Demorage, or Demurrage, is an Allowance 

made to the IVl after of a Ship, by his Freighters, for 

ftaying longer in a Place than the Time firft appointed 

P for 



o6 



0/ B I L L S OF LADING, ^c. 



for his Departure, and is generaUy inferted in the 
Charterparty to be paid daily as becomes due ; the 
Days are always limited, fo that on Expiration there- 
of, and Protefts duly made, the Mailer is at Liberty 
to proceed as is before-mentioned. 

Bottomry, is the AQ. of borrowing Money on 
a Ship's Bottom, by engaging the VelTel tor the Re- 
payment, fo that in Cafe flie mifcarry, the Lender 
iofes his Money, though if fhe finiflies her Voyage 
and arrives in Safety, the Borrower is to repay the 
Loan with a Premium or Intereft agreed on (which 
is always adequate to the Rifque) and this if denied, 
or deferred the Lender fhall have the Ship. 

Bottomry is likewife called Fcetius Nauticum, Pecu- 
nid trajtflitia, and fometimes Ufura Marina, though 
improperly; for notwithftanding the Intereft in thefe 
ContraQs, is always much larger than that the Law 
prcfcribes for Monies Lent on landed Securities, yet 
it is never accounted Ufury, as Marine Loans are 
furnifned at the Hazard of the Lender, which the 
others are not, and where the Rifque is greateft on 
the advanced Monies, the Profit ought reafonably to 
be fo too. 

Money lent on Bottomry, is commonly on the 
Ship only, though fometimes it is upon the Perfon of 
the Borrower, and fometimes on both ; the firfl is 
where a Man takes up Money, and obliges himfelf, 
that if the Ship agreed on arrives at fuch a Port, then 
to repay the Loan, with the Intereft 
See Lanvs, ftipulated, but if the Ship mifcarry, 

206, 207. then nothing. But when Money is 

lent at Intereft, it is delivered at the 
Peril of the Borrower, and the Profit of this is 
• merely the Price of the Loan ; whereas the Profit 
of the other is a Reward for the Danger and Adven- 
ture of the Sea, which the Lender takes upon him- 
felf, and makes the Intereft lawful. 
JacoVi Laiu Ufura Marina joins the advanced Mo- 
Di3ionary. ney and the Danger of the Sea to- 

gether; and this Obligatory fome- 
times, to the Borrower's Ship, Goods, and Perfon. 

Where Bills, or Bonds of Bottomry 

Ditto. are fealed, and the Money is paid, 

if the Ship receives Injury by Storm, 
Fire, ye. before the Beginning of the Voyage, then 
only the Perfon borrowing runs the Hazard, unlefs 
it be othcrwife provided ; as that, if the Ship fhall 
not arrive at fuch a Place, at fuch a Tirhe, i^c. there 
the Contraft hath a Beginning, from the Time of 
the Sealing : But if the Condition be, that if fuch a 
Ship fliall fail from London, to any Port abroad, and 



fliall not arrive there, ^r. then, l^r. there the Con- 
tingency hath not its Beginning till the Departure. 

A Mafter of a Ship may not take up Money oit 
Bottomry, in Places where his Owners refide, ex- 
cept he be a Part Owner, and then he may only take 
up as much as his Share in the Ship will anfwer; for 
if he exi-eeds that, his own Eftate is liable to make 
Satisfaftion * ; but when a Mailer is in a ftrange 
Country, where there are no Owners, nor any 
Goods of theirs, or of his own, and for want of 
Money he cannot perform his Voyage, he may in 
this Cafe take up Money on Bottomry, and all the 
Owners are chargeable thereto; but this is under- 
ftood, where Money cannot be procu- 
red by Exchange, or any other Salk. 35. 
Means : And in the firft Cafe, the 2 Mod. Cafes 
Owners are liable by their Veflel, 79- 
though not in their Perfons ; but they 
have their Remedy againft the Mafter. 

Some Mafters of Ships, who had 
infured or taken up Money on Bot- 10 Car. II. 
tomry, to a greater Value than their cap. 6. 
Adventure, having made it a Pra£tice 
to caft away and deftroy the Ships under their 
Charge, it is made Felony, and the Offenders to 
fuffer Death. 

By another Statute, it is enafted, 
that after the ift of Auguji, 1746, 19 Geo. TI. 
every Sum lent on Bottomry, or at Cap. 37. p.- 
Refp'judentia, upon any Subjects Ships, 5"9- 
to, or from the Eaji-Indies, fhall be 
lent only on the Ship, or the Merchandizes laden on 
board her, and fo exprefl^ed in the Condition of the 
Bond, and the Benefit of Salvage, fhall be allowed 
to the Lender, his Agents, (^c. who alone iTiall 
have a right to make AITurance on the Money lent ; 
and no Borrower of Money on Bottomry, or at 
Refpondtntia, as aforefiid, ftiall recover more on 
any Aftiirance than the Value of his Intereft on the 
Ship or Eff'eQs, exclufive of the Money borrowed. 
And if the Value of his Intereft doth not amount to 
the Money borrowed, he fhall be refponfible to the 
Lender for the Surplus, with lawful Intereft for the 
fame, together with the Afllirance and all Charges, 
iSc notwithftanding the Ship and' Merchandize be 
totally loll. 

All his Majefty's Subjefls were pro- 
hibited during the Continuance of the 21 Geo. II. p., 
late War, to lend Money on Bottom- 1^- 
ry, or Refpondentia, on any Ships or 
Goods belonging to France, or to any of the French 



* Hob. 12. mo. Cjx"^. Noj. 95. Lattb. 252. Salk, 34. Lex Merc. 102. 122, 



Dominions 



0/ B A L L A S T. 



Dominions or Plantations, or the SubjeSs thereof, 
and in cafe they did, the ContraQs and Agreements 

to be void, and they or any Agent 
, p. 77. or Broker interfering therein was to 

forfeit 500/. yr. 
Some have praQifed the taking up Monies on a 
fiSitious Supposition, the Condition reciting, IVbere- 
as there is fitch a Ship, (naming her) bound to Amfter- 
dam, whereof fuch a Man is Majler, (ailhough there 
be neither fuch a Ship or Mafter exilling) that if that 
Ship fimll not arrive at fuch a Place luithin twelve 
Months, the Money agreed on jJmll be paid ; but if the 
Ship pall arrive, then nothing ; this is an unreafon- 
able way of ralfing IVIoney copied from the Italians, 
and though it is alfo very unconfcionable, and as to 
internal Right, unjuft ; yet it has had a Currency 
between the necefTitous and avaritious Part of Man- 
kind, and was adjudged * that fuch a Contraft was 
good, according to tlie Common Law of this Realm, 
and that on a fpecial Verdifl:; but though it has this 
San£tion, yet the prohibiting Infurance, Interef, or 
no Interef, (as by the afore-recited Act) will tend to 
render it at lead lefs practicable, if not utterly to 
deftroy it. 

The Form of a Bill of Bottomry. 

TO all People to whom thefe Prefents fall come, 
I A. B. of, &c. Owner and Mnfier of the 
Ship called, &c. of the Burthen of two hundred Tons, 
now riding at, &c. and bound for, &c. in the Weft- 
Indies, fend greeting: Whereas I the f aid A. B. am 
at this Time necejfitatcd to take up, upon the Adventure 
tf the faid Ship, called, &rc. the Sum of 1 00 1. for fet- 
tin^ forth the fatd Ship to Sea, and pur ni filing her luith 
Provifions fur the faid Voyage, which C. D. of, &c. 
Merchant, hath on requef lent unto me, and fupplied 
me with, at the Rate of 20 I. for the faid tool, during 
the faid Voyage : Now, know ye, that I the faid A. B. 
do by thefe Prefents, fr me, my Executors and Admi- 
nifrators, covenant, and grant to, and -with the faid 
C. D. that the faid Ship fiall with the frfl fair 

• C. B. Hill. 22, 23 Car. II. 



Wind, after the Day, &c. depart from the River 
Thames, and fall, as Wind and Weather fall ferve, 
proceed in her Voyage to, &rc. in the Weft-Indies ; and 
having there tarried until, &c. and the Opportunity of 
a Convoy, (if in Time, oi Wzr) or being fooner difpatch- 
ed (which fhal I firft happen) /W/ return f rim thence^ 
and fall, as Wind and Weather fall ferve, direi^ly fail 
back to the River of Thames, to finijh her faid Voyage: 
and I the faid A. B. in Conftderation of the faid Sum 
of 100 I. to me in hand paid by the faid C. D. at, and 
before, the Sealing and Delivery of thefe Prefents, do 
hereby bind myfelf, my Heirs, Executors, and Admi- 
niflrators, my Goods and Chattels, and particularly the 
faid Ship, %c:th the Freight, Tackle, and Apparel of tbt 
fame, to pay unto the fatd C. D. his Executors, Ad- 
minifrators, or Affigns, the Sum of 1 20 1. of lawful 
Britifh Money, within one and twenty Days ne.xt after 
the Return and fife Arrival of the faid Ship, in the faid 
River of 'Thm-nei, from the faid intended Voyage. And 
I the faid A. B. do for me, my Executors and Adminif- 
trators, covenant and grant, to and with the faid C. D. 
his Executors and Adminiflrators, by thefe Prefents, that 
I the faid A. B. at the Time of Sealing and Delivery 
of thefe Prefents, am true and lawful Owner, and 
Mafer of the faid Ship, and have Power and Authority 
to charge, and engage the faid Ship, as afrefaid ; and 
that the faid Ship fall at all Times, after the faid 
Voyage, be liable, and chargeable for the Payment of 
the 120 1. according to the true Intent and Meaning 
of thefe Prefents. And laftly, it is hereby declared and 
agreed, by and between the faid Parties, to thefe Pre' 
fents, that in cafe the faid Ship fall belof, mifcarry, 
or be caf away, before her next -Arrival in the faid 
River of Thames, from the fame intended Voyage, that 
then the faid Payment of the faid 120I. jhall not be de- 
manded, or be recoverable by the faid C. D. his Exe- 
cutors, Adminifrators, or AJJigns ; but fall ceafe and 
determine, andtheLofs thet^eby be wholly borne and fif- 
tained by the faid C. D. his Executors and Adminif- 
trators : And that then, and from thenceforth, every 
Act, Matter, and thing herein contained, an the Part 
and behalf of the faid A. B. fall be void; any thing 
herein contained to the contrary, nat-Mitbftdndimr. In 
Witnefs, y<r. 



Of Ballajl. 



THOUGH Ballaft has been ad- the fa 
judged to be no Part of a Ship's quiry into its Coft, and the Laws about it 



Linter% Cafe 
Lei 



ng of moft VefTels, as to render an En- 

. . ^ . , ^ '"^ 'fs Coft, and the Laws about it, very 

Furniture, yet it is fo requifitc to neceffary, whilft treating on Maritime Affairs; it ge- 

P - ner^lly 



10' 



0/ B A L r. A S T. 



nerallv confifts of Sand, Gra\ el, or Stone, the' any 
heavy Matter anfwers the Purpofe, which is to fink 
the VefTel to its proper Depth in the Water, or fo to 
adjuft Weight and Counterpoife, as to enable her to 
bear Sail without overfetting. 

All Mafters of Ships lying in the River of Thames, 
fhall pay to the Corporation oiTrini- 
hGeo.W. ty Houfi, for all Ballad demanded. 

Cap. 29. S. 1. and entered at the Ballaft Office, the 
Rates following, viz. for every Ton 
confiding of twenty hundred Weight, carried to any 
Ship employed in the Coal Trade izd. and for every 
Ton carried to any other Britijlj Ship i<^d. and for 
every Ton carried to any foreign Ship igd. and the 
Corporation of Trinity Hoiife, Ihnll pay for the raifing 
and carrying every Ton of Ballaft gd. whereof 6^'. 
fhall be paid to the two Ballaftmen, and 3«/. for the 
Ufe of the Lighters. 

Nothing in this Afl fhall alter the 
Ditto, S. 2. Price of wafhed Ballaft. 

If any Ballafi:man fhall deliver any 
Ditto, S. 3. Ballaft, which fhall fall fliort of Quan- 
tity ; or fhall negleft to deliver to any 
Ship, fuch Quantity as the Rulers of the Ballaft Of- 
fice, fhall by their ufual Tickets diredl; or ftiall de- 
liver more, or other Ballaft than ftiall be diredted, 
every Ballaftman fo offending, and Oath being made 
of the Faft, v.'ithin ten Days after the Offence, or 
within ten Days after the next Return of fuch Ship, 
by the Mafter, or other Officer of any fuch Ship, be- 
fore any Supervifor of the Ballaft Office, being an 
elder Brother, fhall for every Ton, which fhall ap- 
pear to fall fhort, and for every Ton, diredfed by the 
Ballaft Rulers, which fuch Ballaftman fliall negled to 
deliver, and for every Ton delivered contrary to the 
Direflions of the faid Rulers, forfeit zs. and 6d. 
The faid Mafter, Wardens, and Aftiftants, ftiall 
make good to the Mafter of fuch Ship, 
Ditto, S. 4. the Quantity or Value of the Ballaft, 

which fhall be found deficient; and in 
cafe fuch Recompence fliall not be made within ten 
Daysaftcr the fame fhall be demanded, the Corporation 
Ihall forfeit 50/. i^c which Recompence, the Cor- 
poration are impowered to flop out of the Wages 
due to fuch Ballaftmen, over and above the Penal- 
ties. 

No Perfon fhall oblige any Ballaft- 
Ditto, S. 5. man to deliver Ballaft, which fhall be 
directed by the Rulers of the Office, 
to be carried to any other Ship; and if any Perfon 
(hall fraudulently receive any greater Quantity of 
Ballaft, than they fhall enter and pay for at the Of- 
fice, every Perfon fo offending, and being thereof 
co.nviSed, upon Oath of one Witnefs, before a Ju- 



ftice of Peace for the City of London, or the Coun- 
ties of iW/W^/^'/C'Ar, £//7-.v, AV/?/, or A^rry, within their 
refpetffive Jurifdiflions, fliall for every Ton of Ballaft 
forfeit 2s. and 6d. 

If any Ballaftman fliall refufetowork 
for the Wages herein mentioned, or ha- Ditto, S. 6. 
ving contracted to ferve for any Term, 
fliall quit fuch Service, or fhall depart from the Ser- 
vice of the Corporation, without giving three Months 
Notice in Writing to the Supervifors of the Ballaft 
Office ; or fhall refu(e to work, or fhall not work in 
fuch Stations in the River Thames as the Corporation 
fliall appoint, or fhall work in any Station contrary 
to the Orders of the Rulers of the Office, given in 
Writing; or fhall join in any Combination to raife 
Wages, or obftruiEt the Service of the Corporation, or 
the Navigation of the River, every Perfon fo offend- 
ing, and being convi6ted as aforefaid, fhall forfeit 

The Corporation of Trinity Houfe, 
fhall caufe Marks to be fet on the Ditto, S. 7. 
Stem and Stern of every Lighter, be- 
tween every two Gauge Marks, now placed on the 
Stem and Stern, that the Tonage of every fuch Ligh- 
ter may be diftinguiflied by a gradual Progreflion of 
two Tons and a half. 

It fliall be lawful for the Mafters 
of Ships taking Ballaft, to meet in the Ditto, S. S'. 
Square at Billing fgate, on the third 
Monday in June, in every Year, and to adjourn as the 
Majority of them fhall think fit, and by Writing un- 
der the Hands and Seals of the major Part of them, 
to appoint Perfons, having been Mafters or Mates of 
Ships, to infpeS the Ballaft Lighters, which Perfons 
are impowered to examine the Marks ; and in cafe 
fuch Perfons fhall fufpeft, that any of the Marks have 
been altered, and fhall at the Ballaft Office, require the 
faid Lighter to be re-weighed, the Corporation fhall, 
within ten working Days after fuch Requeft, caufe 
fuch Lighter to be re-weighed ; and in cafe the fame 
fhall be found to be of as greatTonage,as by the Marks 
fhall be noted, the Charge of fuch re-weighing fliall 
be paid by the Perfons requiring the fame ; and in cafe 
fuch Perfons fhall not pay the Charge within ten Days 
after fuch re-weighing, they fliall forfeit 5/. but if fuch 
Lighter fliall be found of lefs Tonage than the Marks 
denote, the Charge of fuch Re-weighing fhall be 
borne by the Corporation, who fhall caufe the Marks 
on the Stem and Stern of fuch Lighter, to be placed 
in fuch Manner as to denote the true Tonage; and 
in cafe the Corporation fliall negleiSt to have fuch 
Lighter re-weighed, or to mark the fame accord- 
ing to this ASt, the Corporation fhall forfeit 50/. i^c. 

No 



Of BALLAST. 



109 



No more than two Lighters ftall 
Ditto, S. 9. be required to be re-weighed in any 

one Week. 
Ditto, S. 10. It fhali be lawful for any Mafter of 

a Ship to appoint two Perfons belong- 
ing to fuch Ship (whereof the Mate to be one) to go 
on board any Lighter, bringing Ballaft to fuch Ship, 
to infpedt the Marks before and after the Delivery of 
fuch Ballaft; and every Ballaflman fhall immediate- 
ly, before the Delivery of Ballaft to any Ship, trim 
fuch Lighter fo as to make the fame fvvim, at equal 
Marks, at the Stem and Stern, and pump all the Wa- 
ter out; and if any Perfon working on board fuch 
Lighter, fliall hinder any Perfon fo appointed from 
going on board fuch Lighter, or fhall begin to de- 
liver the Ballaft before fuch Lighter fliall be trimmed 
to fwim at equal Marks, and the Water pumped out, 
every Perfon fo offending fhall forfeit ^/. 

If any Ballaftman fhall work, or de- 
Ditto, S. 1 1 . liver Ballaft in any Lighter not weigh- 
ed, marked, numbered, and allowed 
by the Corporation ; or fhall alter, or counterfeit the 
Gauge Marks, or the Number of fuch Lighter, he 
Ihall forfeit I o/. 

If any Ballaftman fhall demand and 
Ditto, S. 12. receive from anyMafter or Officer of 

any Ship, any Money, on Account of 
Ballaft, or the Delivery of the fame, he fhall forfeit 
40X. 

The Ballaftmen employed in the 
Ditto, S. 13. Service of the Corporation, fhall be 

fubjeft to the Regulations of the Cor- 
poration ; provided fuch Regulations do not extend 
to the lowering the Wages. 

It fhall be lawful for any Mafter of 
Ditto, S. 14. aShip, to carry as Ballaft from Z,o«(^o«, 

or any Part of the River Tbames, any 
Dung, Chalk, Soap Alhes, Flints, Clay, or other 
Goods, now claimed to be furnifhed as Ballaft, fubjefit 
to the Reftri(Stions herein after mentioned. 

The Mafter of every fuch Ship, fhall 
Ditto, S. 15. firft make Entry at the Ballaft Office, 

or with the Officer of the faid Corpora- 
tion at Gravefend, of the faid Goods, and the Name of 
fuch Ship, and of the Mafter. 

At the Time of fuch Entry, the 
Ditto, S. 16. Mafter of fuch Ship ftiall pay for fudi 

Licence to the Corporation, id. for 
every Ton of the faid Goods. 

If any Mafter of any Ship, (hall put 
DiUo, S. 17. on board any of the faid Goods before 

fuch Entry and Payment, or fhall fhip 
«ny greater Quantity then fliall be fo entered and paid 



for, he,.on Convi6tion before one Juftlce, ftiall forfeit 

5/. y<-. 

Provided that the whole Quantity of Ditto, S. 18. 
Dung, and Compoft, licenfed to be 
fhipped for the Ufe of the Coafters and Colliers, do 
not exceed three thoufand Tons in any one Year, to 
commence from the firft of June ; and that the 
whole Quantity of Chalk and Chalk Rubbifti, do not 
exceed three thoufand Tons; and that the Quantity of 
Soap Afties, and all other Commodities herein licenfed, 
do not exceed two thoufand Tons, in any one Year. 

All Entries of the Goods fo licenfed, qj^^ g ig. 
which fhall be fhipped in the laft fevcn 
Days oi May, fhall be made at the Trinity Houfe in 
London, and not zt Grave/end. 

It fliall be lawful for any Mafter of Ditto, S. 20. 
any Ship to carry as Ballaft, from any 
Part of the River Thames, any Bricks, Tiles, Lime, 
or other Merchandifeable Commodity, without pay- 
ing any thing to the Corporation. 

This Aa fliall be a publick Ad, &c. Ditto, S. 25. 

This A61 fliall continue from the firft 
ofju^f, 1733, for five Years, and to Ditto, 8.26. 
the End of the next Seflion of Parlia- 
ment. 

Continued for 7 ^ears, &c. by Geo. II. Cap. I 2. and 
farther continued for i I Tears, and from thence to the 
'End of the then next Seffion of Parliament hy 18 Geo. 

1I.^548. 

And as it has been the PraSice of many unUimk- 
ing Mafters of Veftels, regardlefs of the publick Wel- 
fare, to throw their Ballaft out any where, to the 
great Detriment of many Ports, i^c. the Legiflature 
thought proper to prevent the Continuance of fo pre- 
judicial a Cuftom, by pafling the fubfequent Law ; 
the Preamble to which fets forth, that Mafters, and 
other Perfons belonging to Ships, coming into Havens, 
navigable Rivers, i^c. do throw out their Ballaft ei- 
ther on the Shore or on the Side, and below the ufual 
Sea Mark, and do other Annoyances to the Detriment 
and Obftru£lion of Navigation, i^c. 

For Remedy whereof, // is ena£ied, 1 9 Geo. II. 
that if after June \, 1746, any 
Mafter or Owner, or any Perfon afiling as Mafter of 
any Ship or other Veflel whatfoever, fliall caft, throw 
out, or unlade, or if after the Day aforefaid, there 
fliall be thrown out, iSc of any VefTel, being within 
any Haven, Port, Road, Channel, or navi- 
gable River, within England, any Ballaft, ' ^' 
Rubbifh, Gravel, Earth, Stone, Wreck, or Filth, 
but only upon the Land, where the Tide or Water 
never flows or runs ; any one or more Juftices for th$ 
County or Place where or near v.'hich the Offence 

fliall 



I lO 



0/ P I L O T S, ^c. 



iTiall be committed, upon Information thereof, fhall 
fummon, or iflTue his Warrant, for bringing the 
Mafter or Owner of the Veffel, or other Perfoii 
aiSting as fuch, before him, and upon Appearance, 
cT Defauh, fhali proceed to examine thelVlatter of 
Fdft, and upon Proof made thereof, either by Con- 
feflion of the Party, or on View of the Juftice, or 
upon the Oath of one or more credible Witnefl'es 
(which Oath the faid Jufliceis to adminilfer) he fliall 



convifl the faid Mafter, ^c. and fine him at his Dif- 
cretion, for every fuch OflFence any Sum not exceed- 
ing 5/. nor under 50/. i^c. and for 
want of fufficient Diftrefs, the Juflice p. 40J. 
is to commit the Mafter, or Perfon 
afting as fuch, and convidfed as aforeiaid, to the 
common Gaol, or Houfe of Corredion, for the 
Space of two Months, or until Payment of the Pe- 
nalties. 



Of Pilots, Lodcftnen, or Locmen. 



BY thefe different Denominations are fignified 
the farrre Office, which is to conduct any Vef- 
fel or Ship into a Road or Harbour, over Bars or 
Sands, or through intricate and dangerous Chan- 
nels, being occafionally called in to the Mafter's 
Afliftance when failing as above, or by unknown 
Shores, and diffident of his own Skill and Judgment; 
though in many Parts, where the Approach or En- 
trance to Harbours, i^c. is hazardous and difficult, 
the taking a Pilot is not a voluntary A61, but obli- 
gatory on the Mafter, otherwife in Cafe of a Lofs, 
he muft make it good ; and the following Laws are 
now in Force concerning them here in England. 

If any Perfon fhall take upon him 
3 Geo. I. cap. to conduct or pilot any Ship, by, or 
13- S. I. from Dover, Deal, or the Ifle of 

Thanet, to any Place on the River 
Thames or Medzvav, before he has been firft examin- 
ed, by the Mafter and Wardens of the Society or 
Fellowfhip of Pilots of the Trinity Houfe of Dover, 
Deal, and the Ifte Thanet, touching his Ability, and 
approved and admitted into the faid Society, at a 
Court of Loadmanage, by the Lord Warden of the 
Cinque Ports, or his Deputy, and the Mafter and 
Wardens ; fuch Perfon for the firft Ofi^ence fhall for- 
feit 10/. for the fecond 20/. and for every other Of- 
fence 40/. iSc. 

This A£l fhall not prevent the 
Ditto, S. 2. Mafter or Mate of any Ship, or Part 
Owner, refiding at Dover, Deal, or 
the Ifle of Thanet, from Piloting his own Ship ; nor 
fubjetft any Perfons to the Penalties, who fhall be 
hired by any Alafter to pilot his ^ elfel ; provided 
none of the Society, within one Hour after fuch Ship 
(hail arrive at any of the faid Places, be ready to pilot 
the fame. 

Mafters of Merchant Ships may 
Ditto, S. 3. make Choice of fuch Pilot of the So- 
ciety^ a» they (hall think fit ; and no 



Perfon fhall continue in the Society, who fhall not 
pilot a Ship, at leaft twice in one Year (unlefs pre- 
vented by Sicknefs) to, and from, the Places above- 
mentioned. 

For Conducing any Ship fro.m 
Dover, Deal, or the Ifle of Thanet, to Ditto, S. 4. 
any Places on the River Thames and 
Medivaj, the following, and no greater. Prices (hall 
be taken, viz. For every Ship drawing feven Feet 
Water, 3/. }os. eight Feet, 4/. nine Feet, 4/. 10/. 
ten Feet, 5/. eleven Feet, 5/. 10/. twelve Feet, 61. 
thirteen Feet, 61. 10 s. fourteen Feet, 7/. fifteen 
Feet, 7/. 10/. fixteen Feet, 8/. feventeen Feet, 
8/. 10/. and no Allowance to be made for odd 
Inches. 

If any [Pilot (hall negligently lofe 
the Ship under his Care, and be there- Ditto, S. 5. 
of convi(5fed, he (hall for ever after be 
incapacitated for afling as a Pilot ; and the Number 
of fuch Pilots ftiall not be lefs than a hundred and 
twenty, whofe Names, Ages, and Places of Abode, 
(hall every 25th of Mareh be affixed in fome publick 
Place at the Cuftomhoufes at London and Dover ; and 
for not returning fuch Lift, the Maf- 
ter and Wardens of the Society (hall Ditto, S. 7. 
forfeit I o /. &e. 

This KQ. ffiall not hinder any Per- Ditto, S. 8. 
fon ivfim alTifting a Ship in Diftrefs. 

The Mafter and fuch two Wardens of the So- 
ciety, as fliall be appointed to examine any Perfon 
on his being admitted a Pilot, ftiall take the following 
Oath, to be given by the Regifter of the Court of 
Loadmanage, viz. 

J A. B. do fwear, that I ivill impartially examine, 
■* and enquire into the Capacity and Skill of 

in the Art of Pilotage over the Flats, and 
round the Long Sand Head, and the Coafls of Y\zn- 
ders and Holland, and will make true and fpeedy Re- 
turn 



Of PILOTS, ^c. 



in 



turn thereof to the Lord Warden of the Cinque Ports, 
for the Time heinz, or his Deputy, without Favour, Af- 
fefiion. Fee or Reward. 

So help me God. 

Ditto, S. 9. This Aft fhall not extend to the 

taking away any Liberties vefted in 
the Corporation of the Trinity Houfe of Deptford 
Strord. 

S. 10. • This Aafhall bcapiiblick Aa. 

S. II. This A£t fhall continue feven 

Years, £rV. 
Continued by 8 Geo. II. Cap. 21. to 25 March 
1749, &c. Further continued until 25 March, 
1764; and from thcnee to the End of the then 
next ScfTton of Parliament, by 23 Geo. II. p. 
845. 

The Lord Warden of the Cinque 
•J Geo. I. Cap. Ports, or his Deputy, with the Affent 
21. S. 14. of the Commiitioners of Loadman- 

age, and of the Matters and Wardens 
of the Society of Pilots of the Trinity Houfe of the 
Cinque Ports, at a Court of Loadmanage, may, 
during the Continuance of 3 Geo. I. Cap. 13. make 
Rules and Orders for the better Government and 
Regulation of the Pilots refiding at Dover, Deal, 
and the Ifle of Thanet, and may order a fufficient 
Number of them, not lefs than eighteen, to ply 
conftantly at Sea, to be ready to conduft Ships up 
the Rivers of Thames and Medtuay ; and the Lord 
Warden, i^c. at a Court of Loadmanage, may 
fufpend or deprive any of the faid Pilots, for break- 
ing the faid Rules or Orders ; and if any Pilot, du- 
ring fuch Sufpenfion or Deprivation, fhall take upon 
himfelf to conduct any Ship, by, or from Dover, 
Deal, or the Ille of Thanet, to any Place upon the 
Rivers Thames or Medzvay he fliall be liable to all 
Penalties, provided by the faid Ad, againft fuch Per- 
fons as fhall condu£t Ships from, and to, the Places 
aforefaid, without being firfl examined and approved 
of, by the Matter and Wardens of the faid Society. 
Continued as the preceding Ai^ oj 3 Geo. I. Cap. 13. 
^j 8 Geo. II. Cap. 21. /025 March, 1749. And 
farther continued to 25 March, 1764, by 23 Geo. 

II. p. 485- - 

If any Perfon fhall take the Charge 
5GV0. II. Cap. of any Ship as Pilot, down the River 
20- ^- '• of Thames, or through the North 

Channel, to, or by Orfordnefs, or round 
the Long Sand Head, into the Doivns, or down 
the South Channel into the Doivns, or from, or by 
by Orfordnefs up the North Channel, or the River of 
Thames, or the River Meduiay, other than fuch as 



fliall be licenfed to a<fl as a Pilot, by the Matter War- 
dens, and Attittantsof the Trinity Hoife of Deptford 
Strond, under the common Seal of the Corporation ; 
every Perfon fo offending, and being conviiled be- 
fore two Juftices of the Peace for the City of London, 
or the Counties of Middlefex, Effex, Kent or Surrv, 
fhall, for every Offence, forfeit 20/. provided that 
nothing in this Aft fhall extend to the obliging any 
Matter of any Ship in the Coal Trade, or other Coatt- 
ing Trade, to employ a Pilot. 

The Pilots already admitted by the 
faid Corporation, fhall be fubjeflto the Ditto, S. 8. 
Regulations of the Corporation ; pro- 
vided the Regulations do not relate to the Pilots 
keeping of Turns, or to the fettling the Rates of 
Pilotage ; and fhall pay the ancient Dues, provided 
the fame do not exceed one Shilling in the Pound, 
out of their Pilotage, for the Ufe of the Poor of the 
Corporation, within ten Days after the Service of 
fuch Pilots fhall be ended. 

In Cafe fuch Pilots fhall refufe to 
take the Charge of any of his Majef- Ditto, S. 9. 
ty's Ships, when appointed thereto by 
the faid Corporation, or fhall have mifbehaved them- 
felves in the Conduff of any Ships, or in any other 
Part of their Duty ; or if Pilots' fhall refufe to obey 
any Summons of the Corporation, or fuch Orders 
as the Corporation fliall make in the Premifles, the 
general Court of the faid Corporation, upon Exa- 
mination thereof, are required to recall the War- 
rants granted to fuch Pilots ; and if fuch Perfons 
fhall (after Notice given by the Clerk of the faid Cor- 
poration to them in Perfon, or left at their Place of 
Abode) aft as Pilots within the Limits aforemention- 
ed, they fhall be fubjedt to all the Penalties infliSed 
on unlicenfed Pilots. 

Nothing in this AQ: fhall extend to 
the Impeaching of any Privileges en- Ditto, S. 11. 
joyed by the Pilots of the Trinity 
Houfe of Kingflon upon Hull, or the Trinity Houfe 
of Netvca/lle upon Tyne. 

This A(ft fliall not extend to the 
Impeaching any of the Franchifes, Ditto, S. 12. 
nor to take away the fole Right of 
piloting Merchant Ships, from, or by Dover, Deal, 
and the Ifle of Thanet, up the Rivers Thames and 
Med-way, granted to the Society and Fellowftiip of 
the Matter, Wardens, and Pilots of the Trinity 
Houfe of Dover, Deal, and the Ifle of Thanet, by 3 
Geo. I. Cap. 13. 

This A<a fliall be a publick Afl, Ditto, S. 13. 

ye. 

In 



112 



Of PILOTS, ¥c. 



In France, no one can ferve as a 
J)!c. de Cam. Pilot, until he is at leaft twenty-five 
Tom. 3. p. Years old, and has paffed a ftrift Exa- 
9^5- mination of his Knowledge in the 

Fabrick of Ships, and concerning the 
Tides, Banks, Currents, the Rocks, and other dan- 
gerous Parts, in the Rivers, Ports, and Havens, where 
they are eftabliflied. 

They are obliged after they are approved and ad- 
ttiitted, always to have their Boats furniflied with 
Anchors, and with Oars that they may always be in a 
Condition to fuccour Ships on their firft Signal. 

No Mariner, that is not admitted a Pilot, as above, 
fhall offer to conduct any VelTel, except where a 
licenfed Pilot is wanting; and in this cafe, the 
Mafter of the Ship may take a Fifherman, tho' this 
mull: quit the Care of the Veffel to a regular Pilot, 
in cafe fuch a one offers, before they have paffed the 
dangerous Parts, and a Satisfaction fhall be made 
the Fiflierman for his Affillance out of what would 
have been due to the Pilot, had he taken Charge of 
her from the beginning. 

If any Pilot is drunk when he offers to engage in 
his Funiffion, he fhall forfeit 100 Sols, and be fufpen- 
ded for a Month. 

Ships that are neareft, are to be piloted firft, un- 
der Penalty of 25 Livres to the Pilot, who fhall pre- 
fer one that is more diftant ; and they are equally 
prohibited to go farther than the Roads to meet the 
Ships, or to enter them againfl the Mailer's liking ; 
nor to quit them until they are anchored, and moored 
in Port ; and if it is in going out, not until the Ship 
is in open Sea, on Penalty of lofing their Stipend, and 
being mulfl: in 30 Livres. 

For the Veffel's Security, and the Pilot'sDifcharge, 
the Mafler fhall declare, what Water the Ship draws, 
on Pain of forfeiting to the Pilot 25 Livres for every 
Toot he conceals. 

Pilots mufi not exa£l more for their Affiflance than 
v'hat is regulated by their Officers, and contained in 
the Tariff's in the Regifler Officer, and fixed upon 
the Kay, except in Cafes of Storms, and evident 
Danger, when it fhall be fettled by the Arbitration 
of the ordinary Officers, with the Intervention and 
Advice of two Merchants. 

The Marine Ordinances declare all Promifes void, 
that are made to Pilots under the Apprehenfion of a 
Shipwreck. 

The Pilot who through Ignorance flrands a Veffel, 
fhall be whipt, and for ever deprived of exercifing 
his Filnftion again. And he who malicioufly runs a 
.f^hip alhore, fhall fuffer Death, and his Corpfe be 
-fixed to a Maft near the Place of the Wreck. 



It is likewife the Obligation of the Pilots to fee, 
that the Buoys and Sea Marks are. well placed, and 
to examine whether there be no Alteration in the 
ordinary Depths and Paffages, that they may give 
Advice to their Oi'Ticers, or to the Mafler of the Kay 
or Port. 

As for the Port, it is free to all Mafters and Cap- 
tains, as well French, as Foreigners, to take thofe 
Pilots they like beft, without being obliged at their 
going out to make ufe of thofe that brought them in. 

In Holland, the Regulation of Pilots is fuitable to 
the other marine Inltitutions of that fage Republick, 
from whence thofe of moft other European Nations 
are copied, and as the Pilot's Pay varies in the diffe- 
rent Provinces of that State, and our extenfive Cam- 
merce with it, renders a continual Ufe of them ne- 
ceffary, I fhall give my Reader an Account of that 
Part of their Laws, which I think may be of Ser- 
vice, and merit his Regard, in as brief a manner, 
as the Importance of the Subjedf to all that are, or 
may be concerned in the Z).'//rZ»Trade will permiL^ 
without curtailing any thing I fhall deem requifite for 
their Information. 

The States of Holland and We/l-Frize, in their 
Ordinance about the Pilots of Huyfduynen, Petten, 
Calans-ocg, Texel, and the Neighbouring Parts, or- 
der That 

No one fhall be admitted as a Pilot, Ordonnance dei 
who is not flrong and robufl: ; not lefs Etats de Hol- 
than twenty-five or above fixty Years ^"'"i> ^'- 'I" 
of Age ; who fhall have failed at leaft '| '^^ ^^f- 
four Years in the Openings of that l ^" _ 

Country,and have an entire Knowledge • > • ^ 

of the Currents of the Texel, and he fhall then have 
a Mark given him of his Admittance. 

To evitate all Difputes, the Gover- 
nors or Steerfmen of the Pilot Boats, Ditto, Art. 5. 
may put aboard the \'effel that wants 
one, fuch fworn Pilot as he thinks mofl capable, 
without any Hindrance from the others, under Pe- 
nalty of 6 Florins, except the Mailer eledls any other 
than him propofed. 

No other Pilots but thofe, who have Ditto, Art. b. 
been examined and authorized as a- 
forefaid, aii.J have received the Badge of theirOffice 
(which they are to fhew, as well as this prefent Ordi- 
nance, to all Commanders before they undertake to 
condu6f them either in, «rout, under Penalty offor- 
feiting 24 Florins for each Offence) fliall dare to un- 
dertake the Charge of any Ship, going out, or coming 
in, fr. 

The Pilots are obliged to conduft Ditto, Art. 7. 
the Ships, as far us on this fide the 

Vlaak, 



0) P r L O T S, ^c. 



Vlaak, and if the Captains define to be piloted far- 
ther, the Pilots may not refull', though thereby they 
are detained, one, two, or tiiree Days extraordinary 
abaord, theyfliall have 6 Florins befides their com- 
mon Pay, if the Ship is only in Baliall, org Florins, 
iffhe is loaded, provided that all foreign Ships, (ex- 
cepting only thofe which bring Oxen) pay 9 Florins, 
if empty, and 13 Florin^, 10 Solf, if Ir.den ; and if a 
Pilot remains aboard more than the friid three Days, 
he fhall have 40 Sols a Day, befides his ordinary Sa- 
lary, the fame as the Pilots of Vlidand and of Ter- 
fcbelllng have, according to the fifth Article of their 
Ordinance ; but when in Winter a Pilot has conduc- 
ed a Ship into a good Road, free from the Danger of 
the Ice, and remains there two or three Days, the 
Pilotage is earned, and itfliall be free to the Captain 
to detain the Pilot on board, paying him 40 ^oh per 
Day. If it happens that a Pilot having conduSed the 
Veflel on this Side the Vlaak, and the Mafler cannot 
pay him, either for want of A'loncy, or otherwife, fo 
that the Pilot is obliged to come up with the Ship to 
the Place defigned, theMafter fliall give him 12 Flo- 
rins tefides his Pilotage, and may for this make ufe 
of him until their Arrival ; but if the Pilot is acciden- 
tally detained, thro' want of a Boat, is'c to put him 
afhore; in fuch cafe, the Mafler is not obliged to pay 
him any more than his Pilotage. 

All Pilots fhall be obliged to board 

Ditto, Art. 8. the Ships, at a League without the 

Shallows, or Plats, and thole which 

fhall not enter them, but on this Side the firll Buoy, 

fhall only have half Pilotage. 

All Ships and Gallies that come from 

v.. . , the If^ft, from the Levant, from Bar- 

Ditto, Art. 9. , /,' ^\ n ■ c ca ■ 

^ bary, iienia, the Lanartcs, from Cipain, 

France, England, Aiulcmy, Groenland, 
Denmark, Sweden, Coningjherg, Dantzkk, Bergen, 
Dronthem, Nileiis, Hambmrg, and other Places in their 
Neighbourhood, as alfo theGalliots, or other Veffels, 
leaden with Charcoal, of whatfoever Nation they are, 
as well Foreigners as Natives, who will enter the 
Texel, fhall be obliged to take Pilots, and to pay them 
on the Footing of theprefent Ordinance, when they 
come to offer'themfelves without the Buoys, provid- 
ed, that the Veffels from the North fhall pay 24 Sols 
the Foot to Nieuws Diep, and 24 Sols the Foot, to 
this Side of the Vlaak, and that they are free in the 
Road of the Merchants, or Koopwarders Reede. The 
Veffels coming from Normer, Dronthem, and Romf- 
daal, whh Bale Goods, Iron, Filh-oyl, and other 
Commodities, fhall pay as much as thole from the 
5ff///fA', without Exception ; but the Galliots or Smacks 
jcomin^^ from PEyder, Jutliuid, or Norway, eidicr in 



"3 

Ballaft, or loaden with Cattle, fliall pay 15 Sols the 
Foot, if the Pilots go aboard them beyond the Open- 
ings, and the Pilots may leave them when they ha\ e 
condudled them into the Road of the Merchants; but 
if a Pilot quits his Ship, before bringing her into the 
faid Road, he (hall forfeit 12 Florins; and if the Cap- 
tain will be piloted on this Side the Vlaak, he fhall 
augment the Pilot's Salary 5 Sols per Foot, paying 20 
Sols, inftead of 1 5. And if the Captain refufes to pay 
the Pilot, this latter may follow him to his deftin'd Port, 
to recover his Salary, and the Charges occafioned him, 
for which Charges, he fhall be allowed 1 2 Florins ; the 
Veffels which have a third of their Loading, fhall pay 
as is ordained in the 24th Article, and all that is ta- 
ken in with the Tackle, or that is loaden in a S'.ip 
from Hand to Hand, whether it be Oils, Bales, 
Sacks, Calks, Lead, i^e. fhall be reputed R/ferchan- 
dir.e, except all forts of Wood, which fhall not be 
efteemed fuch. 

The Pilots (hall be obi iged to go and Ditto, Art. i o. 
come once a R'lonth thro' the Open- 
ings, to found the Depths exaflly, to vjfit the Banks 
and Shores, and nicely to examine the Buoys and 
their Ropes, to fee that they are not worn out, and 
whether the Shallows are any thing altered, which 
they fhall alfo be obliged to do, as often as there 
fhall happen tempeftuous bad Weather ; and if they 
perceive any Change in the Shallows, Banks, or elfe- 
"where, they fhall be obliged immediately to declare 
it to the Lords ConunilTioners, that they may imme- 
diately remedy it. 

And if it happens that the Pilot runs Ditto, Art. 1 1. 
the Ship aihore, whether through Vil- 
lany, Dilafler, Inadvertency, or I.-3iprudcnce, the 
Commiffaries fhall take Cogr.i7.a;u;e of it, and punilh 
him according to the Exigence of the Cafe, either by 
Sufpenfion, Difcharging, Banifliing, or by a greater 
Piinifhment, even with Death ; but if it happens thro' 
an extraordinary Cafualty, as by an unforefeen Mif- 
chance of a fudden Change of Wind, or of the Cur- 
rent, or other fimilar Accidents, the Penalty fhall be 
moderated by the Commiflioners, as they fliall think 
juft ; ordering to this Effeft, the refpedive Officers 
to inform themfelves exaSly of what has paffed, and 
to fend their Declarations to the Commiffioncrs, as 
alio, if the Cafe requires it, to feize the Pilot, and 
proceed againft him, according to what he has done. 

Ships or other Veffels fhall pay for 
piloting out, wz. Ditto, Art. j6. 



Thofe that draw 

Q- 



f 10 Feet Water 8 Sous j 
■JiiD". 9D"> 

Cj2D°. — 10 D.) 



the Foot. 
And. 



114 

And tliofc that draw above twelve Feet Water fliall 
pay 1 2 Sols the Foot. 

And in cafe of refufiiig Payment, the Pilot on the 
Shin's Return may purfue the Captain to the Place he 
is bound to, to recover his Due, with Charges, for 
which he fhall be allowed I2 Florins; but the VelTels 
going to the North are excluded; and thofe which 
have a Third or more of their Cargo, fhall pay Pi- 
lotage as follows. 



0/ P I L O T S, ^c. 



Thofe that draw from 

to 8 Feet Water — — 

8t — - - 

? - - 

9i- - - 

10 — — 

Jol: — — 

11 — 

Hi — — — 

12 — — — 

12L- - — 

13 — — 

13^ - - 

14 — -- 

14^ - — 

,5 _ — 

16 _ — - 

18 — — 

I9i- 

20 — - 



10 



F.6 
6 

7 
7 10 



9 

10 
II 
12 

13 
14 
15 

ip 

18 

20 
22 

25 

27 

30 
35 

40 

44 
48 

53 

58 



10 



10 



thofe that draw more Feet Water, fliall pay for every 
Surplus Foot, 12 Florins, and 6 Florins for each half 
Foot, but nothing for the Quarter of a Foot. 

And every Pilot fhall be obliged 
Ditto, Art. 17. to abide aboard, till the Ship is got 
without, and fhall not undertake to 
carry out another, till he has conduced the firfl into 
open Sea, on Penalty of twelve Florins Mulft, and 
Sufpenfion for twelve Weeks ; and when the Wind is 
fair for getting out, the Pilot Boats muft not take any 
one in to carry aboard, but the Captain of the Ship 
which the Pilot is going to take under his Care, on 
Forfeiture of eight Florins ; but if it happens that 
fome other Captains go in the fame Boat, they fhall 
be obliged each of them to carry a Pilot with them 



to conduQ their Ships abroad, if they do not declare 
that their Pilot is left aboard, and tell their Name 
and Sirnamc, on Penalty to the Boatman or Pilot 
who undertakes it, (be it through Malice, Ignorance, 
or Contempt of the Laws) of nine Florins, for each 
Captain that he has carried aboard without a Pilot, 
and fhall be obliged on his Return alhore, to declare 
to the Officer, the Names of the Captains that he has 
carried aboard, and that of the Pilots, as above, on Pe- 
nalty of iS Florins. 

When the Pilots arrive on board, 
they fhall immediately demand of the Ditto,Art. 18. 
Captain or Mate how much Water 
the Ship draws, which they fhall be obliged to de- 
clare without Referve, on Pain of forfeiting 16 
Florins. 

The following Pilotage fhall be Ditto, Art. 19. 
paid for the Entrance of Ships, ac- 20. 
cording to the Feet they draw of 
Water, counting by Feet and half Feet, which the 
Captains fhall be obliged to pay, except thofe which 
come from the North, as in the 9th Art. viz. in 
Summer to commence from the I ft of April to the I ft 
of September, to be counted from the Day that the 
Ship pafles the Fiiuik, and not from the Day that file 
fhall be got in. 



For every Ship or Feffil thai dravji 



7, 8, 9, to 10 Feet Water 



1 1 

lis 
12 

IS-: 

13 

13!- 

14 

14^ 

15 

i5i 

16 

16; 

17 

171- 

18 

18 L- 
19 

19 i 
20 



F. 



10 



13 
13 10 

15 

16 
18 

19 

20 
23 
26 
29 
32 
36 
40 

47 

55 
6- 



\o 



■':> 

72 
81 
90 

100 

HO 



10 



Jn 



0/ ? I L O T Sy ^c. 



115 



In Winter, to begin from the \jl of September to thi 
laji Day of March, 



Ditto, Art. 21. 



7, 8, 9, to 10 Feet Water 

xo'- - 

II — 

lU- — 

12- ^- 
IZ'i — 

13 

i3r — 

14 _ 

Hi • • 

15 — 

i5i: - 

16 — 
16 i- - 

'7 — 

171- - 

18 — 

i8i — 

19 — 
I9i — 

20 — 



F. 18 
19 10 
31 

22 IQ 

24 
26 

28 

3» 
34 
38 

43 
48 

54 
63 

72 

82 

92 
103 
IIS 
127 
140 



10 



10 



10 



10 



Ditto, Art. 22. And every Veffel that draws more 
than twenty Feet Water, fhall pay 
for every Foot over 25 Florins, though only Feet 
and half Feet fhall be paid for, without reckoning any 
thing for the quarter of a Foot, under Penalty of 20 
Florins. 

All VefTels coming from the Levant, 
Ditto, Art. 24. harbary, the Canaries, from Spain, 
France, England, Mufcoiy, and all 
other Parts as in the 9th Art. with a 1 hird, or more, 
of their Loading, (hall be deemed as full, and fhall 
pay 3 Florins inftead of 2, provided that the reft of 
their Cargo confifts only in S.ilt, or in common 
Goods ; and the VefFels which fliall not have a third 
of their Loading, fliall pay according to the preced- 
ing Regulations, made in this Ordinance. 

All Ships coming from Guinea Jhall pay 



Ditto, Art. 2{. 


Drawing 8 Feet Water 


F. 


20 




81- 


— 




2 I 10 




9 


— 




23 




9l 


■ — 




25 




10 


— — 




27 




lOi 


— 




29 10 




11 


— 




32 




Hi 


— 




34 



Drawing 



Feet Water F. 36 



12 

I2i 

13 - — 

13? - - 

14 

14^ Feet Water — 

15 

i5i 

i6 — 

16 i- 

17 

17 i 

18 

i8i 

19 . 

191- ■ • 

20 — 



39 

42 

46 10 

51 

58 

65 

73 

81 

94 lo 
108 
123 
138 

155 
172 
191 
no 



This being the Tax of Pilotage during Winter ; 
and Ships coming from America from Brazil, or the 
neighbouring Coafts, half loaden, fhall pay as thofe 
which come from Guinea ; but thofe which fhall come 
from America, or from the Str eights with Salt, fhall 
only pay as other Ships loaden with Salt, according 
to the prefent Ordinance. 

Provided, that the Pilots who fhall 
bring in any Ships in a great Storm, or Ditto, Art. 26. 
fuch as are without Anchors, A-Iafts, 
Cables, or Rudder, fhall have, befides their ordi- 
nary Hire, as much as the Commiffary, or the Ar- 
bitrators, which he fhall have eftablilhed, think pro- 
per to adjudge. 

And all Pilots fhall be likewife 
obliged to carry all Ships and Captains Ditto, Art. 27. 
out to Sea, whenever they are required, 
and this on reafonable Terms ; and no Pilot fhall 
undertake to carry out more than one Ship at a Time, 
under a Penalty of 25 Florins, and Sufpenfion of fix 
Weeks : Neither is it permitted to any Pilot, who 
has undertaken to condutt a Ship out, to refign her 
to another, under Pain of 6 Florins R'lulcS ; but if 
any fuch Pilot happens to fall fick, the Captain may 
take any other he pleafes. 

When Pilots are to carry out, or 
bring in Ships, they cannot oblige Ditto, Art. 28. 
Captains to take more than one, nor 
to charge him for any Damage that their Boat may 
have fuffered in going aboard, or before the Ship, on 
Penalty of 25 Florins, unlefs that it be by exprefs 
Order of the Captain, in which Cafe he muft pro- 
duce Proofs of the laid Order; in Want of which, 
he fhall not be allowed more than a common Pi- 
lotage. 

0.2 And 



ii6 



Of PILOTS, ^c. 



And in Cafe that a Ship appears 
Ditto, Art. 30. either by Night or by Day, without 
meeting with any Pilot, and her Com- 
pany defire any Fifherman (not admitted to the Func- 
tion) to conduft her in, the Filherman is obliged to 
declare to the Captain that he is no fworn Pilot : In 
the mean Time he may enter the Ship, and under- 
take to bring her in ; but if afterwards it happens 
that a Pilot come aboard to offer his Service, he fhall 
be preferred, and the Fifherman obliged to quit her, 
except he agrees with the Pilot that they fliare the 
Pilotage between them, which Ihall be at the Election 
of the one and the other. 

But if the Fifherman has once 

Ditto, Art. 3 1 . brought the Ship within the firfl: Buoy, 

before the fworn Pilot got aboard, 

the Fifherman fliall not be obliged to abandon her, 

nor to yield up the Moiety of the Pilotage. 

Item, all Ships being in danger, their 
-Ditto, Art. 32. Captains may demand and take two 
Pilots, paying a double Reward ; but 
if there remains more than one Pilot aboard, with- 
out the Captain's Order, thofe that remain unorder- 
ed, fnall have nothing to pretend but what the Cap- 
tain pleafes to give them freely, as he fhall think 
proper. 

When a Pilot has brought in a Ship, 
Ditto, Art. 33. and received his Salary, he fhall be 
obliged to give the Captain an Ac- 
quittance, which fhall contain the Number of Feet the 
Ship draws, and the Sum he has received ; which 
Acquittance he fhall fign or mark, and the Captain 
fhr:Il be obliged to demand one, upon which to reim- 
butfe himfelf the Pilotage from the Merchants, in 
want whereof thefe latter fliall not be obligated to pay 
him any thing ; and befides this, the Captain and 
the Pilot fliall forfeit 6 Florins each. 

We forbid every one whofoever he 
Ditto, Art. 35. be, to infult, abufe, or injure any of 
the Pilots admitted and fworn, either 
in the Streets, at the Water-fide, in the publick or 
private Houfes ; or to deride them for their Employ» 
ments, on Penalty of 6 Florins for the firfl Time ; 
12 Florins and an arbitrary Correction for the fe- 
cond ; 18 Florins and Banifhrrient for two Years for 
the third. 

If it happens that any Ship is forced 
Ditto.Ait. 36. to enter by the Openings, to anchor, 
cither by a contrary Wind or other- 
wife, and would go out again, fhe fhall pay 15 Sols 
/ifr Florin Pilotage ; but fuch as would be conduced 
within the Vlaak, fhall pay full Pilotage ; and if the 
Pilot has brought the Ship fafely into the Amdander 



Diep, either by the Captain's Order, or conftravned 
thereto by bad Weather, the Pilot fhall be obliged 
to remain on board, at the Will of the Captain, 
until a proper Seafon offers for getting out, and the 
Pilot fliall have 6 Florins, once for all, for his Time, 
befides his \'icluals. 

If any Captain defires his Ship to be 
condufted in the Balg, the Pilots fhall Ditto, Art. 37. 
be obliged to carry them for 20 Sols 
the Foot, for which the faid Pilots are to convey the 
Ships as far into the Balg as the Captains pieafe ; and 
as a great Number of Boats or Barges are commonly 
employed in going before large Ships, to found the 
Coafl: for their Security, there fliall be paid for each 
Boat, whether they have one or more Men in them, 
the two-thirds of the faid Salary of one Florin per 
Foot, provided the faid Boats fhall have a Third 
more, for Ships laden with Merchandize, as in the 
Article 24. the whole without any Difpute, on Pe- 
nalty of 12 Florins, befides the Pilotage ; and it is to 
be underftood, that when a Ship in Winter, or in the 
icy Seafons, fliall have been conduded into the Balg^ 
by Order or Confent of the Captain, or his Mate, 
the Pdotage fliall be earned, and afterwards a half 
Pilotage fhall be paid for carrying the Veflfel from 
the Balg to the Vlaak. 

Ships which return from the Eafl, Ditto, Art, jg. 
from Norway, and the adjacent Parts, 
although they had taken and hired a Pilot, on going, 
even with the Confent of the Comniiflary, they fliall 
neverthelefs be obliged, on their Arrival before the 
Place, to take another to conduft them through the 
Openings, and to pay him the Pilotage upon the foot- 
ing of this prefent Ordinance, the which Pilotage 
fhall be parted between the two Pilots ; and him 
that fhall have been taken to bring in the Ship, 
fliall be free, after he has brought the Ship in the 
Road of the Merchants, or Koopvaarders Reede. 

Each Pilot Boat, or Galliot, fhall 
carry a white Vane or Weather Flag Ditto, Art. 40. ^ 
at the Top of the Mart, in which may ^H 

plainly be feen the Numbers of i, 2, 3, 4, 5, i^e. 
to the Number of Boats that there fliall be, or elfe 
the Number fhall be marked in large Figures, of two 
Feet fquare, with black Tar, at the Top of each 
great Sail of the Boats : and if a Pilot Boat paflTes by 
a fmall Ship, without putting a Pilot aboard her, 
with the View of going to a larger, the Captain 
may declare it, and in this Cafe all the Pilots who 
fliall have fo negleded him, fhall fort'eit 25 Florins 
each ; and all who ihall go to Sea without their 
Number marked in their Flag, or in their great Sail, 
ihall alfo pay 25 Florins each, and fhall be fufpended 

fir 



0/ P I L O T S, ^c. 



117 



fix Weeks; and thofe who fhall have found any one 
in Fault, and not declared it to the Officer, fliall pay 
the fame Mulft. 

The States, at the Time of making the fore- 
going Ordinance, for the Pilots of Huysdiiynen, Pet- 
ten, Calans-oog, Texel, and the adjacent Parts, made 
another for the Pilots of VUeland and Ter ScheUins;, 
and the neighbouring Territories, differing chiefly 
from the other in the Names of the Places, and fome- 
thing in the Charge of Pilotage, which I fhall par- 
ticularly mention. 

Every Captain of a Ship that enters 

Art. 4. by the Vlie, with a Pilot of Ter 

Scbelling, fhall be obliged to pay 6 

Sols every Time, more than the ordinary Pilotage, 

for the Relief of poor and aged Pilots. 

The Pilots fhall be obliged to go 
Art. 6. aboard the Ships at a League beyond 

the Flats, and thofe who only embark 
on this Side, the firfl, fecond, third, or fourth Buoy, 
fhall have no more than 15 inflead of 20 ^o\s per 
Foot; and if any Pilot having conduced a Ship up 
the Vlaak, and is detained either by bad Weather, or 
the want of a Boat to carry him afhore, in this Cafe 
he fhall have i Florin per Foot; but if in Winter 
Time the Ship is flopped by Ice, the Pilot fhall en- 
deavour to carry her into the Ruyi ou Shot, and 
having fecured her there, he fhall remain four 
Days to fee whether the Weather will change, and 
if then the Ice continues, he has earned his Pilotage, 
and may quit the Ship, and the Captain fhall pay 
him 3 Florins for his Attendance the four Days ; and 
if the Captain will detain him yet longer, he fhall 
pay him 15 Soh per Foot, befideshis Provifions; but 
if the Captain will abfolutely be carried up the Vlaak, 
the Days of Pay fhall ceafe on heaving up the An- 
chor, and the Pilot fhall be obliged to conduct him 
for 15 Sols the Foot; and we prohibit all others 
but fworn and admitted Pilots, to undertake the 
bringing any ^h'x^hom Piere^^^elJ, by the Opening of 
thzVtie, on Penalty of 25 Florins. 

All Veffels coming from the Eafl, 
Art. 7. Wejl, from Mnfcovy, and the adjacent 

Parts, as alfo thofe from Bergen, Dron- 
them, and Nileus, and all Charcoal Veflels dravv/ing 
eight Feet Water, which will enter by the /'//V, fhall 
be obliged to take a Pilot to bring them in, although 
they have taken one at the Sond, or elfewhere, with- 
out leaving the Captains at liberty to refufe, or to 
excufe paying the Pilotage ; and in cafe of Refufal, 
the Pilots may follow the Captains to the Places they 
are bound to, to recover the Pilotage and Charge of 
their Journey, which fhall be fettled at 12 Florins, 



provided that the Galliots, or other fmall VelTels, 
which draw no more than four, five, and fix Feet 
Water, fhall pay to the Sluot 24 Sols the Foot, and 
to this Side of the Vlaak, 34 Sols the Foot; the 
Ships coming from Normer, Drontbem, or frcm 
Romfdaal, loaden with Iron, Oil, iSc. fhall pay as 
much as thofe which come from the Daltick, withcut 
Exception; but the Galliots or other VetTels, whith 
only draw ten Feet Water, or lefs, coming from 
PEyder, Jutland, or Norway, with their Ballail: of 
Salt, or loaden with Beeves, fhall pay 15 Sols peF 
Foot, if the Pilots enter them without the Openings, 
and conduft them to the Sloot, where they may quit 
them : But if a Pilot leaves a Ship before he has 
brought her to the faid Place, he fhall forfeit 1 2 
Florins; and if the Captains will keep the Pilots till 
on this Side the Vlaak, they fhall pay them 5 Sols for 
each Foot, more than the 15 : And in regard of 
loaden Ships, it fhall be regulated, according to the 
19th Art. except for thofe who are only in Ballaft, 
or thofe which are loaded with Wood or Cattle. 

Thofe Veffels, which have one- 
third of their Cargo, fhall pay Pilot- Art. 14, 15. 
age, as direfted in Art. 16. for the 
Texel; and thofe coming from the Eaft and North, 
fhall pay Entrance as underneath, according to the 
Feet they draw, to be counted by Feet and half Feet ; 
but the Galliots or fmall Veffels coming from the 
North, which only draw from four to fix Feet, fhall 
be exempt, as in the preceding Art. viz. in Summer 
to commence the ifl of /ipril, provided the VefTel 
paffes the Vlaak that Day, for afterwards the Diftinc- 
tion fhall not be made of the Pilotage of the Sum» 
mer, and Winter, but of the Day that the Ship paffes 
the Vlaak, and not of the Day of her Entrance. 

Every Ship or Velfd -which draws 

5, 6, 7, 8, to 9 Feet Water F- 1 2 

pi 12 10 

10 . 13 

loi 14 

And the Remainder to 20 Feet, exa£tly the ianrc 
as Article 20 in the preceding Ordinance. 

And for the Winter's Pilotage to commence from 
the I ft of September, if the Veffel paffes the Vlaak 
that Day, till the laft of March. 

Every Ship or Veffel which draws 
4, 5, 6, 7, 8, to 9 Feet Water — F. i^ 

9! . 18 10 

10 ■ 1 9k ro 

la 20 5, 

AnU. 



ii8 



0/ W R E C K 



And the red as far as 20 Feet, is the fame as In 
Ailicle 21, of the foregoing Ordinance. 

As are all the other Articles which I have omitted 
here, being only Repetitions of the others quoted 



before, and as moft of the Marine Laws in the Nor- 
thern, and other Kingdoms where there arc any, are 
taken from thefe their Batavian Neighbours, I fhall 
not enlarge further on this Subje<5f. 



Of TFrecks, Flotfam, Jetfam, and Lagan. 



Jacob's Laiu /\ Wreck, (in Latin, IVreccum Ma- 

DiaioHary. £\ yis, and in French, JVreck de Mer) 

fignifies in our Law, fuch Goods, as 
after a Shipwreck, are cart upon the Land by the Sea, 

and left there within fome County; 
2 Inft. 167. for they are not Wrecks fo long as 

56c. 106. a. they remain at Sea, in the Jurifdic- 

tion of the Admiralty. 
560. 106. b. Flotfam, is when a Ship is funk, or 

otherwife perifhed, and the Goods 
float upon the Sea. 

Jetfiim, is when a Ship is in Danger 
ibid. of being lofl:, and in order to fave, by 

lightening her, fome Goods are call; 
into the Sea, and notwithll:anding which llie after- 
^^•ards perilTies. 

Lagan, or Ligan, are thofe heavy 
ibid. Goods which are caft into the Sea, be- 

fore a Ship is loft, in order to preferve 
RraSon. lib. 3. them, and that they may be found 
f- 2. again, (if Providence permits) a Buoy 

\i generally fartcned to them. 
F.N.Bizz. 'J"he King iliall have Fiotfam, Jet- 

46 E. III. Jlini and Lagcin, when the Ship pcrifli- 

eth, or when the Owners of the Goods 
«re not known ; but when the Ship docs not perifli, 
e contra. 

A Man may have Flotfam and "Jet- 
Coke ^. l>art. [am by the King's Grant; and may 
j'll. 107. \\\x\'e Flotfam, within the high and low 

Coke z Inft. Water-mark by Prefcription, as it ap- 
Jot. \bj. pears by thole of the Weft Countries, 

who prcfcribe to have Wreck in the 
Sea, fo far as they may fee a Humber Barrel. 

By the Grant of Wreck, will pafs 
Sir Hon. Con- Flotfam, Jetfam, and Lagan, when they 
fable's Czie. are caft upon the Land ; but if they are 
Coke 5. part. ,-,„( ^.^([ ^,pQ^ (i,g Land,the Admiral hath 
Jot. 107. Jurifdidtion, and not the Cswwo» L«ii', 

and they cannot be called Wreck, 
Brad. lib. 2. By the Common Law all Wrecks be- 

cp- $• longed to the Crown, and therefore 

they are not chargeable with any Cuf- 



toms, becaufe Goods coming into the Kingdom by 
Wreck, are not imported by any Body, but caft afhore 
by the Wind and Sea: But it was ufual to feize Wrecks 
to the King's Ufe, only when no Owner could be 
found ; and in that Cafe, the Property being in no 
Man, it in conl'equence belongs to the King, as Lord 
of the Narroiu Seas. 

Though when a Man, Dog, or Cat, Wellm. i.Cap. 
efcapes alive out of any Ship that is loft, 4- 3 ^ I- 
neither the Ship, nor any thing there- 
in Ihall be adjudged Wreck, but the Goods fliall 
be faved and liept a Year and a Day by the Sheriff, 
to be reftored to any Perfon who can prove a Proper- 
ty in them; and if nobody appears to claim in that 
Time, they fhall be forfeited as Wreck ; 
tiie Year and Day fliall be accounted 2 Inft. 166. 
from the Sei/.ure ; and if the Owner of 
the Goods dies before the Expiration 5 Rep. 106. 
of that Term, his Executors or Ad- 
miniftrators may make Proof, tho' if the Goods are 
Bona peritiira (perifliable Goods) the iS'/;^-///' may fell 
them within the Year, taking care he docs it to the 
beft Advantage, and accounts for their Produce. 

If a Man have a Grant of Wreck, 
and Goods are -wrecked upon his i Hawk. P. 6. 
Lands, and anoth.er taketh them away 94- 
before Seizure, he may bring an Ac- 
tion of Trefpafs, i^c. for before they are feifed, 
there is no Property gained to make it Felony. 

If Goods ivrecked are fcized by Per- 
fons having no Authority, the Owner 2 Inft. 166. 
may .have his Action agr.inft them ; or 
if the Wrong-doers are unknown, he may have a 
Commifllon to inquire, i^c. 

Goods loft- by Tempeft, Piracy, ^c. 27 EJ. III. 
and not by Wreck, if they afterwards t-'ap. 1 3. 
come to Land fliall be reftored to the 
Owner. 

When a Ship is ready to fink, and all the Men 
therein, for the Prefcrvation of their Lives, quit the 
Ship, and afterwards ftie periflies, if any of the Men 
are faved and come to Land, the Goods are not 
loft. 

A Ship 



0/ S A L V A G E, &'c. 



119 



A Ship on the Sea was chafed by an 
2 Inft. 167. Enemy; and the Men therein, for the 
Security of their Lives, forfook her; 
flie was afterwards taken by the Enemy and fpoiled 
of her Goods and Tackle, and then turned adrift ; 
after this, by Strefs of Weather, fhe was cart on 
Land, where it happened her Men fafely arrived ; 
and it was refolved that this was no Wreck. 



Goods may be retained for Payment of Salvage ; 
but if the Ship and Goods perifli in the Sea, and the 
Owners do totally forfake her, and fhe thereby be- 
comes a DtreliiH, in fuch Cafe, the firil Pofieflbr that 
recovers her, or any Part of her Lading, gains a 
Property, and this according to the Law of Nations, 
as is that given for loll, or whereof there is ric Hupe 
of Recovery. 



Of Salvage, Average, or Cofitfihition. 



SALVAGE is an Allowance made for faving of 
Ship or Goods from the Dangers of the Sea, Pi- 
rates, or Enemies, and is provided for in the follow- 
ing Ads, i^c. 

The Sheriffs, Juflices of Peace of 
i2^n«. St. 2. every County, and all Mayors, Bai- 
Cap. 18. S. I. liffs, and other head Officers of Cor- 
porations and Port Towns near the 
Sea, and all Conftables, Headboroughs, and Officers 
of the Cuftoms, fhall, upon Application made to 
them, on Behalf of any Commander of a Ship, being 
in Danger of being ftranded, command the Confta- 
bles of the Ports neareft the Coafts where fuch Ship 
fhall be in Danger, to fummon as many Men as fhall 
be thought neceffary, to the Affiftance of fuch Ship ; 
and if there lliall be any Ship belonging to her Ma- 
jefty or her Subjects, riding near the Place, the Of- 
ficers of the Cuftoms and Conftables, are required to 
demand of the fuperior Officers of fuch Ship, Affif- 
tance by their Boats, and fuch Hands as they can 
conveniently fpare ; and in cafe fuch fuperior Officer 
of fuch Ship negleS to give fuch Aftlftance, he fhall 
forfeit 100/. to be recovered by the fuperior Officer 
of the Siiip in Diftrefs, with Cofts, in any of her 
Majefty's Courts of Record. 

The ColleiSiors of the Cuftoms, and 
Ditto, S. 2. the commanding Officer of any Ships, 

and all others who fliall aft in tiic 
preferving of any fuch Ship in Diftrefs, or their Car- 
goes, ffiall within thirty Days be paid a rcafonable 
Reward, by the Commander or Owners of the Ship 
in Diftrefs, or by the Merchant, whofe Ship or Goods 
Ihall be faved ; and in default thereof, the Ship or 
Goods ffiall remain in the Cuftody of fuch Officer 
of the Cuftoms, until all Cliargcs be paid, and un- 
til the faid Officer of the Cuftoms, and the Mafter 
or other Officer of the Ship, and all others fo em- 
ployed, ffiall be reafonably gratified, or Security 
given for that Purpofe,to the SatisfaSion of the Parties ; 
and in cafe, after fuch Salvage,the Commander, Mari- 



ners, or Owners of fuch Ship fo faved, or Merchant 
whole Goods ffiall be faved, ffiall difagree with the 
Officer of the Cuftoms, touching the Monies deferv- 
ed by any of the Perfons employed, it ffiall be lawful 
for the Commander of the Ship fo faved, or the 
Owner of the Goods, or the Merchant interefted, 
and alfo for the Officer of the Cuftoms, to nominate 
three of the neighbouring Juftices of Peace, who 
fliall adjuft the ^antum of the Gratuities, to be paid 
to the feveral Perfons, and fuch Adjuftments ffiall 
be binding to all Parties, and ffiall be recoverable in 
an Adtion at Law in any of her Majefty's Courts of 
Record ; and in Cafe no Perfon ffiall appear to make 
his Claim to the Goods faved, the chief Officer of 
the Cuftoms of the neareft Port, ffiall apply to three 
of the neareft Juftices of Peace, who ftiall put him, 
or feme other refponfible Perfon, in Poftcffion of the 
Goods, fuch Juftices taking an Account of the Goods, 
to be ftgned by fuch Officer of the Cuftoms; and if 
the Goods ffiall not be claimed within twelve Months, 
public Sale ffiall be made thereof (and if periffiable 
Goods, forthwith to be fold) and after Charges de- 
duced, the Refidue of the Monies, with an Account 
of the Whole, {hall be tranfmitted to her Majefty's 
Exchequer, for the Benefit of the Owner, who, up- 
on Affidavit or oiher Proof of his Property, to the 
Satisfaflion of one of the Barons, ffiall, upon his Or- 
der, receive the fame. 

If any Perfons befides thofe impow- Ditto, S. 3. 
ered by the Officer of the Cuftoms, 
and the Conftables, ffiall enter, or endeavour to en- 
ter on board any fuch Ship in Diftrefs, without the 
Leave of the Commander, or of the Officer of the 
Curtrm>:, or Conftable; or in Cafe any Perfon ffiall 
moKft them, in the faving of the Ship or Goods, or 
ffiall deface the Marks of any fuch Goods, before the 
fame be taken down in a Book by the Commander, 
and the firft Officer of the Cuftoms ; fuch Perfon 
ftiall, within twenty Days, make double SatisfaSicn, 
at Uie Difcretion of the two next Juftices of Peace, 

or 



T 20 



0/ S A L V A G F, 



^c. 



or in Default llicrcof, fliall by inch Juftices, be fent 
to tlie next Houfe of Correction, where he fliall be 
employed in hard Labo-jr twelve Months; and it 
fjiall be lawful for any Commander, or fuperior Of- 
ficer of the Ship in Diftrefs, or of the Officer of the 
Cuiloms, or Conftables on board the Ship, to repel 
by Force any fuch Perfons as fliall, without Confent 
as aforefaid, prefs on board the faid Ship \n Diflrefs, 
and thereby molelT: them in the Prefervation of the 
Ship. 

In cafe any Goods fhall be found on 



Ditto, S. 4. 



any Perfon, that were flolen or carri- 



Ditto, S. 5. 



ed off from any fuch Ship in Diftrefs, he, on whom 
fuch Goods iTiall be found, fhall, upon Demand, de- 
liver the fame to the Owner, or to fuch Perfon by 
fuch Owner authorised to receive the fame, or fliall 
be liable to pay treble the Value^ to be recovered by 
fuch Owner in an ACfion. 

If any Perfon fhall make, or be af- 
fifling in the making, a Hole in any 
Ship fo in Diftrefs, or fteal any Pump, or fhall be 
aiding in the ftealing fuch Pump, or fliall wilfully do 
any thing tending to the immediate Lofs of fuch 
Ship, fuch Perfon fhall be guilty of Felony, without 
Benefit of Clergy. 

Ditto, S. 6. J^' =^7 ^^^'°" ^,^ profecuted for any 

thmg done m Purluance of this Act, all 
Perfons fo fued, may plead the general Iffue ; and 
this AQ. fliall be a public A£f. 

■j-j c If any Officer of the Cuftoms fliall, 

' ■ ' ■ by Fraud or wilful Negledt, abufe the 

Truft hereby repofed in him, and fliall be convidfed 
thereof, fuch Officer fliall forfeit treble Damages to 
the Party grieved, &'f. and flaall be incapable of any 
Employment relating to the Cuftoms. 

This AQ. Ihall be read four Times 
Ditto, S. 8. in the Year, in all Churches and Cha- 
pels of every Sea Port Town, and upon 
the Sea Coaft, upon the Sundays next before Muhael- 
mas-Day, Cbrijimas-Day, Lady-Day, and Midfummcr- 
Day, in the Morning after Prayers and before Ser- 
mon. 

This A£f fliall not prejudice her Ma- 
Ditto, S. 9. jefty, or any Grantee of the Crown, 
or any Lord of a Manor, or other Per- 
fon, in relation to any Right to /^rtY^, or Goods that 

are Flotfam, 'Jctfam, or Lagan. 
4 Geo. I. Cap. Made perpetual, 4 Geo. I. Cap. i 2. 

12. S. 2. The Aa, 12 Ann. St. 2. Cap. 18. 

fhall not affe£f the ancient Jurifdi£lion 
of the Admiralty Court of the Cinque Ports, but the 
Officers of the faid Court fhall put the faid Ad in 
JExecutio:i, within the JurifdiQion of the Cinque 
Ports. 



Average and Contribution are fynonymous 
Ter.ms in Marine Cafes, and fignifies a Proportion- 
ing of a Lofs to the Owners of Goods thrown over- 
board in a Storm (in order to prcferve the Remain- 
der, with the Ship, and Lives of the Men) with 
the Proprietors of thofe that are faved, and of the 
Veffcl. 

And as Ships in their Voyages are expofed to 
Storms, and often faved from perifhing, by cafting 
Goods overboard to lighten them, it has therefore 
been always allowed, and is juftified both by Laws 
and Cuftom, and in cafe of imminent Danger, any 
Thing may be thrown away to evade it, though as 
heavy Goods feem mofl: likely to anfwer the Purpofe, 
and are generally leaft in Value, they Ihould be firft 
deftined to Deftrui^tion. 

However, to make this Atfion legal, the three 
following effential Cafes ought to concur. 

I ft. The Ship muft be in evident Hazard of perifh- 
ing, with her Cargo and Crew. 

2d. The Refolution the Captain takes on this me- 
lancholy Occafion, Ihould be in confequence of a 
Confultation, held with his Officers and Sailors, to 
endeavour to fave themfelves, Sihip, and Cargo, ei- 
ther by throwing fome Goods overboard, or by cut- 
ting fome of the Mafts, iSc. away, and by occafioning 
thefe extraordinary Expences ftrive to fecure the Re- 
mainder for the Proprietors Benefit. 

3d. That the Ship and Cargo, or the Part of them 
that are faved, has been faved by the Means ufed, 
with that fole View. 

Agreeable to thefe three Axioms, it muft be con- 
cluded, that all the Expence and LofFes, which are 
thus voluntarily made to prevent a total one of Ship 
and Cargo, ought to be equally borne, by the Ship 
and her remaining Loading. 

But all that which is broken or loft by a Storm, as 
Anchors, Cables, Mafts, Sails, Cordage, i^e. is not to 
be comprehended in common Averages, becaufe the 
Tempeftonly was the Occafion of this Lofs, and not 
made by the Deliberation of the Mafter and his Crew, 
with the View to fave the Ship and Loading; though 
on the contrary, if after Advice taken by the Com- 
pany, or the major Part of them, the Captain cuts 
away, or abandons any thing of the Ship or Cargo, 
with a View to prevent a greater Misfortune, all that 
which was fo cut away, i^c. muft be brought into an 
Average. 

If the Ship happily out-weathers the Storm, and 
arrives in Safety at her deftined Port, the Captain 
muft make his regular Protefts, and befides, joint- 
ly with the major Part of his Crew, muft fwear, that 
the Goods were caft overboard for no other Caufe, 

but 



0/ S A L V A G E. 



121 



but purely for the Safety of Ship and Lading; and the 
Method of elucidating and clearing up this Point, 
varies according to the feveral Countries, and Places 
they arrive at. 

The Ship arriving in Safety, thofe Goods fhe brings 
with her mud come into an Average, and not only 
thofe that pay Freight, but ail that have been favod 
and preferved by fuch Ejefiion, even Money, Jewels, 
Clothes, ts*!.'. are not exempted. 

But a Man's Apparel in Ufe, Victuals, i^c put 
aboard to be fpent, are totally excluded from the Con- 
tribution. 

In the Rating of Goods by way of 
Job. Locinius, Contribution, this Order ufed to be 
7. 2. c. 7. de always obferved, viz. if they are caft 
Jadu; y 8. overboard before half the Voyage be 
de Contribut. performed, then they are to be efteem- 
ed at the Price they coft ; and if after, 
then at the Price as the reft, or the like Sorts, fhall 
be fold for at the Place of Difcharge; and this Regu- 
lation continues ftill in France and Holland, tho' here 
and elfewhere the Loft and the Saved are fometimes 
eftimated as the latter fell for. 

The Owner of the Goods that have been thus 
eje6led, or his Faftor, fhould take Care to have the 
Lofs valued before the Ship's Difcharge, in which the 
Mafter ought to aftlft, and fettle all Averages before 
he unloads. 

And it is not only the Goods that 
Lee. Na'vh 4. are thrown over that muft come into 
ad Leg. Rhod. the Average, but thofe alfo which 
and Fentus s (\^^\\ jjave received any Damage, by 
Comment, fol. ^j^g Adion of the others Ejedment, by 
*3S- Wet, i£c. 

If Goods ftiipped in England are in 
2 Rolli% Rep. a Tempeft thrown overboard, in or- 
4^8 Caps V. (jer to preferve the VefTcl and Crew, 
"iooker. ^^^ thefe Goods are taken up and pre- 

ferved by another Englijh Ship, the 
Owners bring Trover, it lies, becaufe delivered upon 
the Land. 

It is lawful for Perfons to caft Goods 
12 Colte 63. overboard, out of a Ferry-Boat, in 
sBnlfir. 280. Cafe of a Tempeft, to preferve their 
Lives ; but if the Ferryman furcharge 
the Boat with Goods, the Owners of them ftiall have 
their Remedy againft him, but not otherwife. 

So if an Ejedtion of Goods from any Ship is occa- 
fioned by the Indifcretion of the Mafter's lading her 
above the Birth-Mar^, it is cuftomary in fuch Cafes, 
by the Marine Laws, to have no Contribution made, 
but Satisfa6Hon is due from the Ship, Mafters, or 
Owners. Luji. Sernus. S. 27. b" Si. 23. ad Leg. A- 
buil. 



And as this Law doth take Care, 
that fuch common Calamities fhall be Ditto, 
borne by all the intercfted Parties, by Ditto. 
3 general Contribution, fo the Common 
Law takes Notice of the Misfortune, Bird v. Afliot. 
and makes Provifion for the Mafter's 
Indemnification; and therefore if the Owner of fuch 
ejected Goods, fliall bring an Action againft 'he Ma- 
fter or the Owner of the Veflel, the Defendant miy 
plead the Special Matter, and the fame fli.il! bar the 
Plaintiff. 

As the Common Law looks upon 
the Goods or Cargo as a Pawn or Ad Leg. Rim. 
Pledge for the Freight, fo the Marine I- 2- 
Law looks upon them likewife as a Se- 
curity for anfwering any Averugc or Contribution, and 
that the Mafter ought not to deliver th^m fas above) 
till the Contribution is fettled, they being tacitly obliged 
for the one as well as the other. 

If a Lighter, Skiff, or the Ship's 
Boat into which Part of the Cargo is F. de Leg. 
unladen, to lighten the Ship, perifh, Rhod. Leg. 
and the Ship be preferved, in that Cafe N-i'^is "miji. 
Contribution is to be made; but if ^''2-^"%"j 
the Ship be caft away, and the Ligh- f/ fef'^"^' 
ter. Boat or Skiff, be preferved, there '^J^"' " 



no Contribution or Average is to be 



297. 



had, it being a Rule, no Contribution 
but ivbere the Ship arrives in Sajety. 

If a Ship be taken by Enemies or Leg. Rhod. de 
Pirates, and the Mafter, to redeem her J'lilu. 1. 2. Si. 
and Cargo, promlfes a certain Sum of '^'"vis a Pirc- 
Money, for Performance whereof he "' 
becomes a Pledge or Captive in the 
Hands of the Captor ; in this Cafe, he is to be re- 
deemed at the Expence of the Ship, Lading, and 
Money (if any on board) all being obliged to con- 
tribute for his Ranfom, according to each .Man's In- 
tereft. 

So where a Pirate takes Part of the Moor./. 297. 
Goods to fpare the reft. Contribution /•''''• 443- 
muft be paid. - ^'''^^ ■"■ ^*- 

But if a Pirate takes by Violence '"'g""- 
Part of the Goods, the reft are not 
fubjeft to Average, unlefs the Merchant hath made 
an exprefs Agreement to pay it after the Ship is 
robbed. 

Though if Part of the Goods are Grot, de hirod. 
taken by an Enemy, or by Letters of J»""- f^"^^- 
Mart and Reprisal, e contra. P- ^9- 

In fettling an Average, an Eftimatc Pekzns ndLeg. 
muft be made of all the Goods loft and ^*"'^- '^^ 7"^- 
faved, as well as of what the Mafter '"■ / '9^. 
R fhall '97. '98- 



o6 



0/ S A L V A G E, &>€. 



fhall have facrificed of the Ship's Appurtenances to 

her Prefervation, and that of her Cargo: and if 

any thing flung into the Sea, is again recovered, 

Contribution is only to be made for the Damage it 

ftiali have received. 

The Pilot's Fee that brought the Ship into a Port 

or Haven, for her Safeguard (it being not the Place 

llie was defigned for) mull be contributed to, as the 

Raifing her from the Ground mufl: be, when there is 

no Fault in the Mafter. 

If a Mafter of a Ship lets her out to 

Grot, tie Intro. Freight, and in Confequence thereof 

Jur. Holl. receives his Loading, and afterwards 

3-9- ^'f'-"" takes in fome Goods, without Leave 

and Peckeus. pf j-jjg Freighters, and on a Storm ari- 

Com. onthe ^ ^^ g p^^j of his Freighter's 

Laws cf Rhod. r-^ i 7 1, J »u D 

Goods are thrown overboard, the Ke- 



foi. 236. 



mainder are notfubjeftto an Average, 



but the Mafter mull make good the Lofs out of his 
own Purfe. 

If a Ship is taken by Force and car- 
y. P. Ricnrif. ried into fome Port, and the Crew re- 
Le Negcce de mains on board to take care of, and 
Amlterdam. reclaim her, not only the Charges of 
f' ^79- fuch Reclaiming fhall be brought into 

an Average, but the Wages and Ex- 
pences of the Ship's Company during her Arreft, and 
from the Time of her Capture and being diflurbed in 
her Voyage. 

But the Sailors Wages, i^c. of a 
Ditto. Ship detained in Port by Order of 

State, fhall not be brought into an 
And he from Average, and the Reafon afligned for 
Mr. AJritm it isj that in the preceding Cafe, the 

ycriver on the c^ew remained aboard to take Care 
Klarme Laws ^f ^^^ VefTel, whilft they were endea- 
01 the Lotu . ^ 1 • u J »u r 

^ ; . vounng to reclaim her, and thefe 

• ' ' Charges were occafioned with the fole 

View.of preferving the Ship and Cargo for their Pro- 
prietors; but in this latter Cafe, there was no Room 
for fitch a Pretence, as the embargoing Sovereign 
■ would not have either Ship or Cargo, but only hinder 
their Departure for fome political Reafons, wherefore 
it could not be faid that the Ship's Company remain- 
ed on board to prevent an entire Lofs ; the only Mo- 
'tives to be offered for an Average. 
, l"^everthelcfs it feems that. bQth Reafon and Juftice 
rfe quire that the- Expcnce and ' Wages of a Ship's 
Co.mpany, detained in Port by a Prince's Order, 
fhquld be brought into a general Average; for if on 
bns Side, the Merchants v/ho have loaded her, are 
cbhnderabl.e Snirerers by the Delay, in the Arrival of 
the(f,i^9Qds at ,thp deftined Ports, the Owners of the 



Ships are not lefs fo, more efpeclally if the Crew is 
large, and the Detention long ; and thofe who drew 
up the Ordinance of Leivis XIV. very well perceived 
in Part, that to oblige the Owners of a Veflel fo de- 
tained, to fupport the whole Expence, would be a 
great Hardfhip and Injuftice, as the Vllth Article of 
the faid Ordinance (under the Title of Averages) ex- 
prefFes in direft Terms, viz. The Food and Wages of 
Sailors, bel'jnging to a Shi/) embargoed by an Order of State, 
fhall be alfo reputed as Part of general Averages, iffhe is 
hired by the Month ; but iffhe is freighted by the Voyage, 
thev /Jjall be borne by her alone. 

From whence I think it ought to be concluded, that 
although a Ship freighted by the Month or Voyage, 
is only mentioned in the foregoing, yet when the 
Proprietors of a Veflel hire her Crezu by the Month, 
they have a Right to bring the Expence and Wages of 
their Sailors into an Average, for the whole Time 
that the Ship fhall be detained ; though, on the con- 
trary, they cannot juflly pretend to bring the Expence 
of the Mariners into an Average when they are hired 
for the Voyage, as the Expence is always the fame, 
whether they be hired by the Month or Voyage, 
and being occafioned by the Will of the Sovereign 
who laid the Embargo, I do not fee that tht're ought 
to be any Diftintlion, unlefs there were fome Goods 
.iboard, which were the Caufe of her Arreft, for in 
this Cafe it would be reafonable that the faid Merchan- 
difes fhould pay the whole Expence. 

Though it ought to be noted, the Charges of un- 
loading a Ship, to get her into a River or Port, ought 
not to be brought into a general Average, but when 
occafioned by an indifpenfable NecelTity to prevent 
the Lofs of Ship and Cargo ; as when a Ship is forced 
by a Storm to enter a Port to repair the Damage fhe 
has fuffered, if fhe cannot continue her Voyage with- 
out an apparent Rifque of being loft; in which Cafe, 
the Wages and Vifluals of the Crew are brought into 
an Average from the Day it was refolved to feek a 
Port to refit the Vcffel, to the Day of her Departure 
from it, with all the Charges of t^nloading and Re- 
loading, AnchoMge, Pilotage, and every other Due 
and Expence, occafioned by this Necefllty. 

The Mafter of a Ship, who is obliged from the 
aforefaid Motives, to cut awav, or throw overboard 
any of his ATnfts, Rigginft, &'. has .t privileged Hy- 
pothecation, and the Right of Detention of the Goods 
he fhall carry to their deftided Port, " '/' ' 
till they contribute to a general Ave- —Co. 107: J. 
rage ; and it is to be obferved, that 
Goods caft overboard to lighten the Ship, make no 
DereM. 

And 



0/ P O R T S, &>c. 



And having now gene through what I thought ne- 
celTar^' to offer on the Subjed of general Averagfi, I 
{hall juft mention a Word or two of what we term 
Petty Average, being a fmall Duty joined to Primage, 
which Cuftom has made a Mafter's Perquifite extra 
of the Freight, and is commonly here 5 per Cent, as 
it has been fettled in Frame and Holland, ice. tho' 1 
per Cent, is commonly paid in this iatter,notwithll:and- 
ing two publick Edi£ts which limit it, as aforefaid, to 
half the Sum : The Origin of it was an Allowance 
made to Mafters of Veflels for fundry petty Expences, 



107 

to which the Loading was obliged to contribute, bu' 
has been forfome Years part tranfmuted to the Terms 
aforefaid ; and I fhail not now enlarge on this SubjeiS: 
of Averages, but refer my Reader to what I fhail have 
Occafion to fay more about them, under the Title of 
Infurance; Interim I Ihall content myfelf with the 
Quotations offered, in Hopes I have neither exceed- 
ed or fell Ihort of my Lefior's Expectations, in my 
treating this exten/lve Theme, which of itfelf would 
furnilh fufficient Matter for an entire Volume. 



Of Torts^ Havens^ Lighthoufes aiid Sea Marks. 



A Port, Harb-jur, o? Haven, is a Place where Ships Ports, 

may ftielter from bad Weather, and where 
Cuftomhoufes are appointed to fupervife their Load- 
ing and Unloading; thefe in England have many Mem- Ljnn Regit 
bers and Creeks belonging to them, which are diftin- 
guifhcd as follows, viz. 

Members, are thofe Places, where anciently a Cu- 
ftomhoufe hath been kept, and where Officers or their 
Deputies attend, as they are lawful Places of Expor- 
tation or Importation. 

Creeks, are Places where commonly Officers are, 
or have been placed, by way of Prevention, not out 
of Duty or Right of Attendance, and are not law- 
ful Places of Exportation or Importation, without a 
particular Licence or Sufferance from the Port or 
Member under which it is placed. 



Members. 



Creeks. 



{ 



Bojld, 



Hull 



{ 



Wells cumBurnham 

C Hitcham 

Wijhecb I Crofs Keys 

r Spalding 
\ FofJick 
^ j Wainfleet 

'"""' j Numby Chapel 

I Thetltthorp 
^Saltfleet 
Gatntijrop 



Grimjhy 
Bridlington 
Scarborough 
[Whitby 
Stockton 



"The feveral licenfed Ports for hading and landing 
of Goods 'Mtth their Dependances, as thfy now account 
at the Cuftomhoufe are, viz. 



N.-wcnfUuponj^'"'fP,'"' 
-■ ■^ Ciiinderlana 

i Shields 



fyn 



Pofts. 



Members. 



Creeks. 



London 



Ipfwicb 



^Maiden 



< 



Colcbefle 



Tarmoutb 



I 

\_ Harwich 
f Woodbridge 

IAldborougb 
Soutbwold 



Blackney and Cley 



— Gravefend 
(Leigh 
N Buniham 
LlVeJlMerfey 
(EoJIMerfey 
< Brickley 
L IVivenhoe 
Muintree 



C Orford 
L Dunwicb 
fVatderfwicb 
—Lefofe 



Berwick 



Carlifle 



IVhitebaven 



R 2 



Middlebortugh 



< Sraton Delaval 
IBlithNooke 
r Aylemouth 
j IVarnewater 
\ Holy Jfand 
}^ Eaf Marches, con- 
j tainingtheCoaft 
j of Northumber- 
land, bordering 
on Scotland 
lV,ft Marches 
containing the 
Coaft of Cum- 
berland, hoxAer- 
ing on Scotland 
Workington 
Rxivinglafs 
MUnthrope 



I 

I 



CheJ1e^ 



I 24 

Ports 



Of vo 



Chfpr 



Mtlford 



Members 
\LaneaJler 

PouUon 
liiverpoole 



Abercon-Jjay 
BeTJVtnaris 
Caernarvon 
Conway 
Holyhead 
^Pulhelly 
^ Aberdoiiy 

1 Cardigan 
I 

Pembroke 



' Swanzty 



Cardiffe 



Gloucefter 



BridgWMter Minehead 
[Padftoiu 
1 St. 'Ives 
Penfance 

Giveeke 
Falmouth 

Plymouth <^^^, 

Penryn 
Truro 



Creeks. 
I Pyte of Fo'Mdery 
I Graunge 
C Wyrewater {water 
\ Prepn and Rible- 

rSankey Bridge 

Xpradjlam 

<South Shore of the 

/ River of Merfey 

V- to theRed Stones 

r Hilbree 

\ Daivpool 

] Nejlon 
" j Burton-head 

I Bagbill 

^Mopn 

Amhgh 
Barmouth 



Aberujlab 
€ Newport 
\ Fifcard 
r HaverfordJVeJl 
\ Tenby 
< Carmarthen 
I Lanelthy 
^Nortb Burrys 

f South Burrys 

J Neath or Brifon- 

(^ Newton \Ferry 

rAbertbaiu 

\ Penartb 

\ Newport 

ICbepJiow 

f KivcTSevern from 

\ Bridgenorth to 

L King-Road 

t Pill 

\ Uphill 



R T S, csTc. 

Ports Members 

Ilfracomb 

Barnjlaple 

Biddeford 
i 

, I 

Exeter ^ 



Poole 



j Dartmouth 



{Lyme Regis 
Weymouth 



Southampton ■{ 



Cowes 

Portfmouth 

Arundel 

Sboreham 

Lewis 



Cbichejler J Pemfey 

^ Hafiings 



Rye 

.Hyth 

' Dover 



Creek» 



f Clovelly 
I Appledore 



Tincomb 
Starcrofs 
Bear and Seaton 
Topfljam 
■I Pouldram 

ISydmouth 
Lympfon 
Exmoutb 
y^Aylmoutb 
rSaltcomb 
\ Brixbam 
J Torbay 
iTotnefs 
C Bridport 
I Charmoutb 
C Portland 
\ Lulwortb 
t Swanidge 
\ JVareham 
t Chriji-churcb 
\ Hinington 
f Tarmoutb 
\ Newport 

Emfwortb 
( Pes,ham Point 
XSe)fey 

Brighthelmjion 
f New Haven 
i Seaford 



f Wincbelfea 

iLyd 

C Rumney 



\ 



St. Maura 



(Saltajh 
. S Stonehoufe 

XCouJlgtid 



—I 



Ram/gate 

Margate 

Whitjlabla 



Sandwich "4 Deal 

FeverJJjam 
Milton 
^Rocbejler 

Note, all the Ports and Havens in 
England, are infra Corpus Comitatus, 
and that the Court of Admiralty can- 
not bold Jurifdi^on of any thing 



^inborougb 



Godholt 260, 
261. 

done 



0/ P O R T S, &c. 



12 



done in them. Hollancfi Cafe, Earl of Exeter, 30 
H. VI. And becaufe he held Plea in the Admiralty, 
of a Thing done infra portiim de Hull, Damages 
were recovered againft him two thoufand Pounds. 

And the Port of London being of great Importance, 
in regard of the Cuftoms, the Limits of it have been 
fettled by the Exchequer, and declared to extend, and 
to be accounted from the Promontory, or Point, 
called North-forcland, in 'the Ifle of Thanct, and 
from thence Northvjard, in a fuppofed Line to the 
oppofite Promontory, or Point, called the Nafe, be- 
yond the Gun-fleet, upon the Coafl: of Efjex, and 
continued Weftward through the River of Thames, 
and the feveral Channels, Streams, and Rivers falling 
into it, to London-Bridge, fave the ufual and known 
Rights, Liberty, and Privilege to the Ports of Sand- 
■wicb and Ipfiuich, and either of them, and the 
known Members thereof, and of the Cuftomers, 
Comptrollers, Searchers, and other Deputies, with- 
in the faid Ports of Sandivich and Ipfwich, and the 
feveral Creeks, Harbours, and Havens, to them, or 
either of them, refpeflively belonging within the 
Counties of Kent or EJfex. 

This Account of Ports, tfr. might have been 
omitted till I came to treat of the Cuftoms ; but as 
I thought it more properly introduced here, I have 
inferted it, and fhall fubjoin an AbftraQ: of the Laws 
in Force concerning them. For though it is pro- 
bable, few or none of my Readers may be interefted 
in the Trade of them all, yet that every one may 
meet the Information he may occafionally want, I 
fhall briefly mention what has been publickly ena<El- 
ed, for their Eftablifliment and Prefervation. 

BURLINGTON. 

8 IVill. III. From the firft of May, i6g-j, until 

Cap. 29. S. I. the firft of May, 1704, the Duties 
herein-mentioned fhall be paid for 
the repairing the Port or Pier of Burlington, viz. one 
Farthing for every Chaldron of Coals, loaden on 
board any Veffel at the Port of Neivcajlle, or at Sun- 
derland, Blythe, Seaton Sluce, or any other Member 
of the Port of Nevjcajlle, which fhajl be paid to Ar- 
tbur. Lord Vifcount Irivin, &c. 

All Monies raifed for the Duties 
Ditto, S. 4. aforefaid, i^c. fhall be by the Com- 
miffioners applied to the Repairing 
the faid Port or Pier of Burlington, ^c. 

Continued by i Geo. I. Cap. 49. and 5 Geo. I. Cap. 
to. for tvjcnty-five Tears from the Zi^tb &/" June 
1730- 



DOVER. 



From the firft oi May, 1700, to wlVill.lW. 
the firft of May, 1709, there fhall be Cap. 5. S. 1. 
paid by the Mafter of every Englifh 
Ship of the Burden of twenty Tons, and not exceed- 
ing three hundred Tons for every Loading and Dif- 
charging within this Realm, from, to, or by Diver, 
or coming into the Harbour there, not having a 
Cocket teftifying his Payment before that Voyage, 
towards the Repair of Dover Harbour, 3^. for every 
Ton, and of all Aliens Ships of the Burden afore- 
faid, the like Sum (except Ships loaden with Coals, 
Grindftones, or Purbeck, or Portland Stones) and 
for every Chaldron of Sea Coils, or Ton of Grind- 
ftones, one Penny half-penny ; the fame to be paid 
to the Cuftomer or Colleftor of the Cuftoms in fuch 
Port, whence fuch Ship Ifiall fet forth, or where 
fuch Ship fhall arrive, before they load or unload ; 
the Account of the Number of Tons to be made 
according to the Entry of the Goods of every Ship 
in the Cuftomhoufe, and no Entry of the Goods to 
be allowed without Information made on Oath by 
the Mafter, containing the Burden thereof, and 
Payment made of the Sums aforefaid ; of which 
Payment the Mafter fhall have Allowance of the 
Merchants according to the Rates of the Goods, by 
way of Average, i^c. 

Provided that no Coafteror Fifher- 
man fhall pay the Duty oftener than Ditto, S. 2. 
once in one Year. 

Ships belonging to We'^mouth and Ditto, S. 8. 
Meleomb Regis, and Lyme Regis, fhall 
be exempted from Paying to the Harbour of Dover, 
fo as they bring a Certificate upon Oath before the 
Mayor, under the common Seal of the faid Corpo- 
rations, that the Ships belong thereto, and the Inha- 
bitants of the faid Corporations are Owners of the 
major Part of fuch Ships. 

All Ships Englifj Built, and manned 
according to the AQ. of Navigation, Ditto, S. 9. 
belonging to Great Yarmouth, fhall be 
exempt from paying the faid Duties, if the Mafter 
produce a Certificate as above, i^c. 

Ships belonging to Ratnfgate in the 
Ifle of Tbanet fliall be exempted from Ditto, S. 10. 
paying to Dover Harbour, bringing a \i\ 

Certificate, as before, i^c. 

Continued by 2 Ann. Cap. 7. 4 Geo. I. Cap. 13. 
and 9 Geo. I. Cap. 30. to the firfl of May, i 744. 
And farther continuid for tvjenty -one lean by .11. 
Geo. II. Cz/srj.bf.; r;. : • '"" ' viiawi 

M I N Eu. 



126 



Of V O R T S, m. 



M I N E H E A D. 



From the 24th of June, 1701, for 
1 2 IFH/ III. one and twenty Years, there fliall 
Cap. 9. S. I. be paid (befides the ancient Acknow- 
ledgements accuftomed to be paid to 
Tregomvell Lutlerell, Efq; and his Anceftors) for 
Goods imported or exported, into, or out of, the 
Fort of Minehead, the Duties following, viz.. fuch 
Sum of Money not exceeding one Halfpenny per 
Stone for Wool, and one Penny per Stone for 
Woollen and Bay Yarn, imported, as the Truftees 
hereafter appointed fhall appoint, each Stone to con- 
tain eighteen Pounds, the Duties to be paid by the 
Perfon into whofe Poilcffion, or by whole Order, 
the Goods fliall be delivered ; and the Wool im- 
ported fhfdl be weighed at the Town-hall according 
to Cuftom ; and for every Ton of all other Goods 
there (hall be paid 6d. per Ton by every Mafler of 
a Ship that fhall take on board or land any Goods in 
the Port of Minehead. 

For every Ship which fliall come 
Ditto, S. 2. into the Harbour (the faid Port not be- 
ing their difcharging Port) there fliall 
be paid by the Mafler the Tonnage and Keelage fol- 
lowing, I'/z. for every Ship ufing the coafting 
Trade, of thirty Tons, and not amounting to 
fifty Tons is. and of fifty Tens and upwards, 
2 /. and for every Ship of thirty Tons, and net 
amounting to fiity, trading to other Parts of 
Europe, or to his Majefty's Plantations in America, 
2s. 6d. and of fifty Tons and upwards 5/. and for 
every Ship of thirty Tons, and not amounting to 
fifty Tons, and trading to any Place in A/iti, Africa, 
or Jmcrici (other than his Majefty's Plantations) 5/. 
and of fifty Tons 10/. and the Matter paying the 
(aid Keelage fhall have allowance for the fame of the 
Merchants by Average. 

All Money raifed by the Duties, 
Ditto, S. 8. and recovered for the Forfeitures, &'c. 
fhall be by the Truftees applied to the 
building out a new Head, cle iring the Beach, and 
other Works for maintaining the Pier and Har- 
bour, Ci'r. :;.) r-i -v.- ■■' o) Jini-r;. .; 

After the faid Term,' fo long as the 
Ditto, S. II. Harbour fhall be kept up, there ihall 
be paid to the Lord of the Manor of 
Minehead, the Duties following for Goods imported, 
for ?vlaintenance ot the new Head and other Works, 
viz. for every twenty Stones of Wool, id. for every 
twenty Stones of Woollen and. Bay Yarn, 2<?. for 
every Ton of Salt, 2d. for every Quarter of Corn, 
zd. for every Chaldron of Coals, zd. 



Continued h 10 Ann. Cap. 2^./orJixteen rears, and 
by 1 1 Geo. If. Cap. 8. from the 2^tb of June, 

17-58, for forty 2^ears. 

WHITBY. 



From the firil oi May, 1702, for 
nine Years, there fhall be paid unto 



I Ann. Stat. 
Cap. ig. S. 



the Truftees herein named, viz. the 
Lord of the Manor, Ralph Boys, and 
others, for rebuilding the Piers of the Port of IVhit' 
by, by the Owners of every Ship that fnall load Coals 
at the Port of Ne-x'cafile, or at Sunderland, Blithe, 
Seaton Sluice, or any other Member of the faid Port, 
one Farthing per Chaldron, and for all the Coals 
landed within tiie Port of M^^bitby, for every Chal- 
dron, Town Aleafure, 6d. and for every Ton Weight 
of Salt, landed at the faid Port of Whitby, is. and 
for every Quarter of Malt, Corn, and Grain, /\J. 
and for all foreign Goods imported in Englijh Bot- 
toms, T,d. per Ton ; and all foreign Bottoms im- 
porting fuch Goods, 6d. per Ton ; and lor all 
Butter Ihipped off^ from IVbitby, id. per Firkin ; for 
all dried Filli and Mud Fiili, ihipped off from Whit- 
by, id. per Score ; for all barrel d Filh fo ihipped 
off, per Barrel, 3(/. Every Englip Ship which Ihall 
enter within the Piers, fhall pay is. and for every 
Top of fuch Ship, 4(/. and all foreign Ships, 2/. and 
for every Top of fuch Ship, 4^/. i^c. 

All JVloney received by Virtue of 
this Att, fliall be employed for the Ditto, S. z. 
Rebuilding and Repairing the faid 
Piers, except the Charge of Collecting, Wr. 

If the Duties fliall raife 6000 /. over 
and above the Charge of ColleSing Ditto, S. 7. 
and Intereft, the Duty of one Far- 
thing per Chaldron upon Coals fhall ceafe. 

All Ships Englifi built, and manned 
according to the Att of Navigation, Ditto, S. 11 
belonging to Great Tartnouth, fhall 
be free from the faid Duty of one Farthing per 
Chaldron ; fo as the Mafter of fuch Ship, or fome 
Mariner on his Behalf, produce a Certificate made 
apon Oath before the Bailiffs of Tarmouth, that fuch 
Ship does belong to Tarmouth, and that the Inhabi- 
tants thereof are Owners of the major Part of fuch 
Ship. 

Continued until the ift of Mi/y, 1723, by 7 Ann. 
and by 7 Geo. I. the Duties before granted (except 
the faid Duty of one Farthing per Chaldron) were 
made perpetual ; and by 8 Geo. II. it was enafted, 
that from and after the ift oi June, 1735, the faid 
Duty of one Farthing />t-;- Chaldron by i Ann. ftiould 

be 



i 



0/ P O R T S, &>€. 



2 jlnn. Cap. 7 
S. I. 

Ditto, S. 2. 



be revived for the Term of thirty-one Years, to com- 
mence from the xA of Jane ij^^. And to rebuild 
or repair the EaJI and IVc^ Piers of the faid Harbour, 
an additional Duty of a Farthing per Chaldron is 
granted by 23 Geo. II. p. 667, to be paid from and 
after the lil of June, 1750, for 31 Years, by all 
Veffels loading or (hipping Coals at the Port of Nnv- 
caftle upon Tyne, or at Sunderland, Blythe, Seaton 
Sluice, Cullercoates, or any other Harbour, Colliery, 
or Place, reputed a Member of the Port of Nevj- 
caftle, (Jc. 

The Aa II m/l. III. Cap. 5. for 
Repair of Dover Harbour, fliall con- 
tinue until the firft of May, 1718. 

Every Ship that fhall go thro' the 
Gates of the Works, there, fhall, 
before fhe go into the Gates, take down 
her Sails, fo that fhe may not go failing in, upon 
Pain that every Captain of fuch Ship fhall forfeit, 
to the Warden and Affiftants of the Harbour, 10/. 
for the Ufe of the Harbour, to be recovered by Ac- 
tion of Debt, b?c. 

The Aas 1 1 and 1 2 of JVi/l. III. 
^Geo. 1. Cap. Cap. 5. and 2 Ann. Cap. 7. /or Re- 
30. S.I. pair of Dover Harbour, fhall continue 

till the firft of May, 1744. 

RYE and DOVER. 

Ditto, S. 2. The Duty of. 3(/. per Ton, granted 

by II M'i/i. m. Cap. 5. fhall be ap- 
propriated for the Benefit of the Harbours of Dover 
and/?!"', in Manner following, -viz. one third there- 
of {hall be paid to the Treafurer of Dover Harbour, 
and the other two thirds to the Treafurer for the 
Harbour of Rye. 

If the Barbour of Dover fhall be 
Ditto, S. 19. fufHcientJy repaired and fecured, and 
I .'.'. ,o;h. that of Rye reftored to its ancient 
Goodnefs, and fecurc4, and the fame be fo certified 
to the King in Council, by the Juftices in Quarter 
Seflionsfor the Counties of Kent and Snjfex, the Du- 
ties fhall ceafe. 

Continued as ii W'ill. III. Cap. ^i- by 1 1 Geo. II.- 
•". (iap: %. for 21 y'-'atK -■' - ;■ ' . ■ :. ! 



4 /irni. Cap 
18. S. I. 



P A-R T OiN. 
-inij .1 liif nvi 

Daring the Term of eleven Years, 

there fhall be paid unto the Truflees 

named in the Aft for the F.nlarging and' 

Repairing the Pier and Harbour- of IWt'jn in Cum- 

bfr'and, bjr every Coal Owner that fc all pat Coals 

.^ii.j 1 i> ivi uju.-.ui'.; J 



Ditto, S. 4. 

1 1 Geo. I. 
Cap. 16. S. I. 



on board any Veflel there, 2J. for every 192 Gallons 
of Coals, within ten Days after fuch Coals are fhip- 
ped ; and by every Mafter of every Ship that fhall 
load Coals there, zd. for every 192 Gallons; and 
after the Expiration of the faid eleven Years, one 
Farthing for every 192 Gallons, to be paid by the 
Mafter of the Ship, before each Ship go out of the 
Harbour. 

All fuch Money (hall be employed 
for the enlarging, repairing, and 
cleanfing the Harbour, 6fr. 

The Duties upon Coals granted by 
/^Ann. Cap. 18. for enlarging the Pier 
and Harbour of Parton in the County of 
Cumberland, fhall be continued from the firfl; of 
May, 1725, for fifteen Years. 

The perpetual Duty of one Far- Ditto, S. 2. 
thing, granted by the laid Aft, fhall 
ceafe; and in lieu thereof, every Maifer of a Ship 
fhall, for fifteen Years, pay one Halfpenny for every 
192 Gallons of Coals which fhall be laden on board 
fuch Ship within the faid Harbour. 

There fhall be paid for all Goods 
hereinafter mentioned, which fhall be Ditto, S. 4. 
difcharged out of any Ship in the Har- 
bour coming Coaflwife, from the (irll: of Afflj, 1725, 
for fifteen Years, the Duties following, "jiz. for 
every Hogfhead of Tobacco, 3 d. for every Hog- 
fhead of Sugar, 6d. for every Ton of Wine or ex- 
cifeable Liquors, 2/. for every Ton of Hemp or 
Flax, I/. 6d. for every Hundred of Deals, Hi-/, for 
every Laft of Pitch or Tar, 8^/. for'every Ton of 
Iron, I/, fori every Ton of Raft, or other Timber, 
4(/. for every Barrel of Herrings, \d. for every Pack 
of Linen, containing two hundred Weight, I j. which 
Duties fhall be paid bv the Merchant into whofe 
Cufl:o.dy the Goods fliall be delivered. 

Every Mafter of any Ship fhall pay Ditto, S. j.-'i 
fiar fuch Ship upon her Arrival in the 
Harbour 'from -any Port of her laft Dilcharge W- 
Europe, other than the Kingdoms of Great-Britain 
and Ireland, and the Ifle of Man, ^d. per Ton ; and 
for every Ship upon her Arrival from the Port of 
her laft Dilcharge in Afut, Africa, or America, %d. 
per Ton, to be admeafurcd as defcribed in 5 Will. 
and Mar. Cap. 20. and 8 Ann. Cap.. 1 2. SeS. 4. Pro- 
vided, that for every Shin Avhich fhall come in for Se- 
curity, and not for their Dikhargc, there fliall be 
paid one fourth of the Tonage, and 1 o more. 

After the 'lermifiation of the fiitl 
fifteen Years, one third Part of the Ditto, S, 6. 
Daities fhall forever continue for the 
perpetiKil repairing of the Harbour. 

The 



I2B 



0/ P O R T S, ^ 



c Geo. 11. The Duties granted by the Act of 

Cap. 13. S. I, II GVo. I. Cap. 16. fhall be continued 

tor the farther Term of twenty-one 
Years, for enlarging the Harbour of Pjrlon in Cum- 
herlaitd. 

If the Purpofes are fully anfwered. 
Ditto, S. 2. iic. before the Expiration of the faid 

Term, the Duties {hall ceafe ; and 
the Duty of a Halfpenny for every 192 Gallons of 
Coals exported trorn the laid Harbour, and one third 
Part of the Duty on Tonnage of Ships (which by 
the A£t of II Geo. I. Cap. 16. are made perpetual) 
fhall commence. 

C A T W A T E R. 

8 .4««. Cap. 8. Benjamin Joules, his Executors, i^c. 
S. I. fliall clear the Harbour of Cativater 

near Plymouth, and Sutton-Poole in 
Plymouth, and reduce the Shoals fo, that any fourth 
Rate Ship may lately go in and out, over any Part of 
them, at half Flood or Ebb, and after the Removal 
of the Shoal, Ik Ih.all keep the Water to the fame 
Depth, yr. 

And after the 25th of Marcb, 1710, 
Ditto, S. 4. the faid Benjamin Joules fhall have the 

foie Ballarting and Unballafling of 
Ships belonging to her MajeAj-, and all other Ships 
in Plymoneh Sound, Hammou^e, Cutwater, and Sutton 
Pool, or within the Road Between St. Nicholas Ijland, 
and the Main Land ; anti every Mafter, Idc. belong- 
ing to any Ship that fhall come into the faid Har- 
bours or Road, and deliver or receive Ballaft, fhall 
deliver and receive the fame to, and from the faid 
fie'rt/a»;/ny(;u/if/, under Pain of forfeiting 5/. i^c. to hold 
and enjoy the faid fole Liberty of Ballarting, l£c. 
unto the faid Benjamin Joules, his Executors, i^c.- 
for feventy-one Years, i^c. 

The faid Benjamin "joules fliall be 
Ditto, S. 5. bound to furnifh all Ships with Ballad ; 

and fhall ballaft and unballafl: the tame 
ujKin futh Terms as are herein mentioned, viz.. the 
Ships of her Majcfty, at <^d. per Ton ; all Ships of 
the Inhabitants ot Plymouth or Saltafl}, at 9 d. per 
Ton; all other Ships of her Majefty's Dominions, at 
10 d. per Ton, and all foreign Ships at izd. per 
Ton. 

LIVERPOOL E. 

The Mayor, i^c. and Common- 

8 jinn. Cap. Council of Liverpoole, fhall have 

12. Sect 2. Power to make a wet Dock or Bafon, 

with Wharfs, Sluices, and Canals, 

upon the Ground fet apart for that Furpofe. 



There fliall, from the 24th of June, 
1710, for one and twenty Years, be Ditto, S. j. 
paid unto the faid Mayor, i^c. for 
every VelTel (Ships in her Majefty's Service excepted) 
coming into, or out of the faid Port, with any Mer- 
chandize (the Limits whereof are as far as a Place 
in Hoyle Lake, called the Red-jlones, and from thence 
all over the River Merjey to iVarrington and Frodjljam 
Bridges) by the Mafter of fuch Ships, the Duties 
hereinafter deicribed, -uiz. for every Ship trading 
between the Port and St. Daiiid^s Head or Carlijle, 
for every Ton, 2c/. for every Ship trading between 
St. David's Head and the Land's-End, or beyond Car- 
lijle to the Shetland! , or to the Ille ot Man, for every 
Ton 3«/, for every Ship trading to Ireland, for every 
Ton, 4c/. for every Ship trading to Norway, Den- 
mark, Holjlein, Holland, Hamburgh, Flanders, or any 
part of France, without the Straights of Gibraltar, 
or Jerfey, or Guernfey, for every Ton 8(/. for every 
Ship tiading to Newfoundland, Greenland, RuJJia, 
and within the Baltick, Portugal and Spain, without 
the Str;ights,Cunaries, Madeiras, Wejlern Ijles, Azores, 
for every Ton i zd. Such Duties to be paid at the 
Time of fuch Ship's Difcharge at the Cuftomhoufe, 
fo as no Ship fliall be liable to pay the Duty but once 
for the fame Voyage, both out and home. 

All Ships liable to the Payment 
of the Duties, fiiall be meafured by Ditto, S. 4. 
taking the Length of the Keel, as fhe 
treads on the Ground, and the Breadth to be taken 
within board by the Rlidlhip Beam, from Plank to 
Plank; and half that Breadth for the Depth, then 
multiply the Length by the Breadth, and the Produ6t 
by the Depth, and divide by 94. 
k After the l^aid Term of 21 Years, 
there fhall be paid to the Mayor, Ditto, S. 14. 
ijc. one fourth Part of the Duties, 
beforementioned, i^e. 

Nothing in this Act fhall charge Ditto, S. 16. 
any Ship which fhall be forced into 
the Habour, and Ihall unlade in order to repair and 
relade ; nor to charge any Ship which fhall fell in 
the Harbour any Part of her Lading, only in order 
to refit or viflual. 

This Act thai! not charge any Ship Ditto, S. 17. 
belonging to, or bound to, or from 
the Port of Chcjlcr, in cafe fuch Ship ftiall neither 
load nor difcharge within the Limits of the Port of 
Liverpoole. 

The Aa 8 Ann. Cap. 1 1. for mnk- 1 1 Get. II. 
ing a Dock at L/':','r/>oa/(?,, and an A£l Cap. 32. S. 2. 
3 Geo. I. ( not printed ) whereby the 
Duties were farther continued for fourteen Years, 
are farther continued for 31 Years. Every 



0/ P O R T S, ^c. 



I 29 



Every Ship trading from Liverpoole 
Ditto, S. 10. to Gottenberg, or any other Place in 
Sweden, without the Baltick, fhall be 
charged with the Duty of 8^/. per Ton. 

After the faid Term of 31 Years, 

Ditto, S. II. fo long as the Dock, and other 

Works fhall be kept in Repair, there 

fliall be paid to the Mayor, tfr. and their SuccefTors, 

one fourth of the Duties beforementioned. 

DOVER and RYE. 

7 Geo. I. Cap. No newWallsor Stops fliall be fet up 
9. S. 1. that may hinder the Flux and Re- 

flux of the Sea between the Mouth of 
the Harbour of Rye in Sttjfex, bounded by two Points 
called the Camber, and Cajile Point, and New Shut, 
near Craven Sluice in Sujfex and Kent, iSc. 

The Duty of 3«/. per Ton, granted 
by 1 1 Will. III. Cap. 5. fliall be ap- 
propriated for the Benefit of the Har- 
bours ol Dover and Rye in Manner 
following, VIZ. One third thereof fliall 
be paid to the Treafurer for Dover 
Harbour, and the other two thirds to the Treafu- 
rer for the Harbour of Rye. 

The Powers given by the hSc 9 
Geo. I. Cap. 30. for reftoring the 
Port of Rye, are transferred to the 
Warden of the Cinque Ports, the Mayor and Jurats 
of Rye, k^c. 

Continued for 21 Tears by 11 Geo. II. Cap. 7. Sefl. i. 



5 Geo. I. Cap. 

30. S. 2. 

yide Dover 
Harbour. 



lo Geo. I. 
Cap. 7. S. I. 



W A T C H E T T. 



7 Geo. I. Cap 
14. S. I. 



The Duties by the Tpr\v!ittA6k,6 Ann. 
for repairing the Harbour and Kay oj 
Watchett, in the County of Somerfet, 
granted for 2! Years, from the 25th of March, 1708, 
Ihall, after the Expiration of the faid Term, be paid 
for the farther Term of 21 Years. 

Nothing herein fliall difcontinue the 

Ditto, 8. 2. Payment of the Duties by the faid 

A£t, 6 Ann. made payable for the 

conftant Reparation of the Kay or Harbour, after 

the Expiration of the 21 Years. 



B R I D P O R T. 



8 Geo. 1. Cap. 
II. S. I. 



That the Haven and Piers of Brid- 
port, in the County of Dorfet, may 
be rebuilt, and Sluices made with 
convenient Wharfs ; tlie Bailiffs and capital Bur- 



gefles of Bridport fliall be Truftees for the fliid Pur- 
pofes ; and at Bridport Mouth, being an open Piece 
of Land, lying between the Eajl and IVefl Cliffs, 
and from the Sea northward as far as Irepool, on 
which Ground the ancient Harbour was, may lay 
out the new intended Harbour and Piers, and the 
Sluices, Wharfs, and Landing Places, and the Ways 
to the Harbour. 

There fliall be paid to the CoUedor Ditto, S. 4. 
to be appointed as herein attermen- 
tioned, for every Weight of Salt, for every Lafl: of 
Wheat, Rye, Barley, Malt, or other Grain, for 
every Chaldron Winchfer Meafure of Coals and 
Culm, and for every Ton of other Goods difcharged 
out of any Ship in the faid Haven, or which fhall be 
exported from thence, i/. to be paid before the fame 
be landed ; and there fliall alfo be paid for every 
Ship of the Burden of ten Tons or upwards, which 
fhall come into the faid Haven, zd. for every Ton 
fuch Ship, &c. fliall contain ; which Duties iTiall be 
paid by the Mafter, i^c. 

When the Harbour and Piers fliall Ditto, S. 7. 
be rebuilt, and the Monies expended 
thereon reimburfed, the Duties fliall ceafe ; and 
from thenceforth there fliall be paid to the Colleftors 
for every Weigh of Salt, for every Lafl: of Wheat, 
Rye, Barley, Malt, and other Grain; for eveiy 
Chaldron of Coals and Culm, IVinchefcr Meafure, 
and for every Ton of other Goods, difcharged 
in the faid Haven, or exported, dd. and ior every 
Ship, y<:. which fhall come into the Haven, \d. per 
Ton, and no more. 

YARMOUTH. 

After the 25th of March, 1723, c)Ger,.\. Cap. 
for 21 Years, and to the End of the lo- S. i. 
next SefTion of Parliament, there fhall 
be paid by every Mafter of a Ship, which fliall un- 
lade within the Haven of Greet Tarmouth, or in Tar- 
mouthKond, extending horn the fouth Part of Scratby 
in Norfolk, to the north Part of Corton in Snfolk, at 
the Time of unlading, for the Goods following, viz. 
for every Chaldron of Coals, Winchefcr Meafure, 
Lafl of Wheat, Rye, Bailey, Malt, or other Grain, 
for every Weigh of Salt, and Ton of other Goods 
(Fifli excepted) fuch Sums not exceeding xid. as 
the Mayor, Aldermen, Burgefles, and Commonalty 
of Great Tarmouth in Common-Count li alllnibled, 
fhall appoint ; to be applied as follows, vi%. Part of 
the faid Duties, not exceeding; 6rf. towar.is clearing 
and improving the Haven, Piers, and Jettees; anci 
T,d. other Part of the faid Monies, fhall yearly, on 

S tlie 



0/ p o R T s, m. 



130 

tlie 24th of Jii'ie, be divided in Manner following, 
viz. One Penny Halfpenny to the Chamberlain of 
Norii-'itb, to be applied towards clearing the Channel 
of the River. Tare, between the new Mills in Nor- 
ivjch, and Hardly Crofs, Sec. and one Halfpenny, 
other part of the faid 3(/. to fuch Perfons as illall be 
vearly named by the Juftices at their Quarter Sef- 
fions at Norwich for the County of Norfolk, to be 
applied towards clearing the River Sure, called the 
North River, and for fuch other Purpofes as the Juf- 
tices fliall appoint ; and one Halfpenny, other Part 
of the faid yl. to fuch Perfons as fliall be yearly 
named by the Juflices at their Quarter-SefTions at 
Beccks for the County of Suffolk, to be applied to- 
wards clearing the River IVaveney, and for fuch other 
Purpofes as the faid Juftices fhall order ; and one 
Halfpenny, refidue of the faid T^d. to fuch Perfons as 
the Mayor, ^c. of Yarmouth fliall appoint, to be 
applied towards repairing the Bridge and the publick 
Kays belonging to the Corporation, i^c. And the 
fi^rther Sum of '^d. or fo much thereof as fhall be 
by the twelve Commiilioners, to be appointed as 
herein after is direded, or any feven of them, thought 
jiecefl'ary, fliall be railed by the Mayor, i£c. of Yar- 
mouth, and fliall firft be applied towards clearing the 
Channel of that Part of the River Tare, leading from 
Yarmouth to Norwich, called Braydon, as any feven 
of the CommifTioners fliall dired at their Meeting at 
Tar7nouth, Sic. 

The laft mentioned 30'. fliall not 
Ditto, S. 2. be raifed but when Notice in Writing, 

figned by feven of the CommifTioners, 
fliall be given to the Mayor of Yarmouth, that it is 
neccffary to raife the faid Sum, or fome Part thereof, 
and for what purpofes; and then fuch Sum fliall be 
raifed ; provided that the Juftices for Norfolk, at 
their Quarter Seflions, yearly, out of the Monies 
payable for the River Btirc, may allot Part thereof 
for the clearing that Branch of the River, which 
Jeads from St. Bennef s-Abbey to Dilham in Nor- 
folk. • 

On the Exportation of Goods, 
Ditto, S. 12. which have paid the Sums hereby 
charged on the Importation, the Col- 
Jeftor (Proof in Writing on Oath being firft made 
of the Payment of the Duties, which Oath he 
may adminifter) fhall repay the Exporter the Money 
paid on the Importation. 

The Mayor of Yarmouth may 
Ditto, S. 13. yearly appoint Watchers or Clapper- 
men, to watch on the Kays nightly 
from the ift of Novemkr to the ift of March. 



There fliall be paid by the Mafter 
of any Ship which fhall lie in the Ditto, S. if 
Haven, from the South End of thte 
Ballafl Kay, upwards the Space of one Month, be- 
tween the ift oi November and the ift oi March, 
any Sum not exceeding one Halfpenny per Ton of 
the Burthen, as the A/fayor fliall for the Charges of 
fuch Watching yearly appoint. 

Every Mafter, ^f. of a Ship, which 
fhall winter in the Haven, who fhall Ditto, S. 15. 
fuft'er any Fire or lighted Candle to 
be in any Ship, lying from the South End of the 
Ballafl Kay upwards (Ships which fliall have Officers 
boarded on them, by the Direftion of the fuperior 
Officers of the Cuftoms or Excife, belonging to the 
faid Town only excepted) fhall forfeit, for every fuch 
Fire or lighted Candle, 10/. fjfr. 

The Haven and Piers of Great Yar- 
mouth being in a bad Condition, and 20 Geo. IT. p. 
falling into an irreparable Decay, if ^7^- 
not timely prevented, it is therefore 
enaSed, that from and after the 24lh of June, 1747, 
the feveral Duties, which by 9 Geo. I. were granted 
for clearing and improving, U'c. the Haven and 
Piers belonging to the faid Town oi Great Yarmouth^ 
and for depthening the Channel of Braydon, and for 
making the Rivers Yare, M^aveney, and Bure more 
navigable, and for repairing the Bridge and publick 
Kays of the faid Town, and alfo for 
preferving Ships wintering in the p. 873. 
Haven there, fliall be revived and 
paid for the Termof two Years, and from thence to 
the End of the then next Seflion of Parliament, in 
fuch Manner, by fuch Perfons, and with fuch Excep- 
tions, Allowances, and Drawbacks, as are mentioned 
in the before recited A£f, i^e. 

The Provifion made in the preced- 
ing A6f, not having been found fuf- 23 Geo. II. 
ficient to anfwer the Purpofes intend- 
ed thereby, for repairing the Piers, clearing and 
depthening the Haven of Great Yarmouth, &c. it iS 
enafled, that from the 2'~,\.\\ oi March 
1750, the Duties payable by Virtue p. i8g. ~^L| 

of the foregoing A£t of 20 Geo. II. ^"1 

fliall ceafe ; and in lieu thereof there fliall be paid 
for twenty-one Years, and from thence to the End 
of the then next Seflion of Parliament, by every 
Mafter of any Ship or Veflel, which fhall import or 
unlade within the Haven of Great Yarmouth, or in 
Yarmouth Road, near adjoining to the faid Borough, 
extending from the South Part of the Town of 
Scrath, in the County of Norfolk, to the North Part 

of 



0/ P O R T 



c. 



131 



of the Town of Corton, in the County of Suffolk ; 
for every Chaldron of Coals, IVincheJh'r Meafure, 
Laft of Wheat, Rye, Barley, Malt, or other Grain ; 
and for every Weigh of Salt ; and for every Ton 
of all other Goods or Merchandizes, (Fifh only ex- 
cepted) the refpeftive Sums following, viz. tor the 
Term of feven Years, or fuch other lefs Term as 
twelve Commiffioners, or feven of them (five be- 
ing CommilTioners for the County of Norfolk, Suf- 
folk, and the City of Norzvlch) Ihall order a Sum not 
exceeding is. 6i/. and after the I'.xpiration of the 
faid, or other lefs Term of Years, during the Remain- 
der of the Term of twenty-one Years, and from thence 
to the End of the then next SeiTion of Parliament, 
the Sum of lod. or fuch other greater Sum as the 
Commiffioners as aforefaid (hall order, not exceeding 
the Sum of 1 2(/. 

The Sum of 3^/. Part of the Duties granted by 
this A6f fhall every Year be divided, and paid upon 
the firft Tuefday in June, by the Chamberlains, i^c. 
of Great Yarmouth, in the Manner 
p. 193. and Proportions following, viz.. id. 

iq. unto the Chamberlain of the City 
of Norivicb, bfc. to be applied towards clearing 
and depthening that Part of the Channel of the River 
of Wetfon, commonly called Tare, which lies be- 
tween the new Mills in Norwich and Hardly-Crofs ; 
and for preventing Filth and Mud from falling there- 
by, and for didelling and cleanfing the River in fuch 
Manner, as the faid Corporation fhall dircft, i^c. 
and the Sum of 2q. to be applied towards clearing 
and depthening the River Bure, commonly called 
the North River, and all thofe Branches thereof which 
lead from St. Bennet''s- Abbey to Dilham, and from 
Eafiwick-Bridge to Hiikling, in the County of Nor- 
folk, in fuch Manner as the ^Juflices 
p. ^94. fhall dirett, i^c. and the Sum of iq. 

to be applied towards clearing and 
depthening the River Waveney, in fuch Manner as 
ihe Juftices fhall direft, i£c. and the Sum of iq. Re« 
fidue of the faid jr/. to be applied towards repairing 
the Bridge and publick Kays belonging to the faid Bo- 
rough of Great Tarmouth, isc. 

The Sum of 2,d. other Part of the Duties is to be 

divided and paid in the Manner following, viz. the 

Sum of 2q. to be applied towards the further clearing 

and depthening the River Bure, comnrionly called 

the North River, and the Banches 

P- '95- thereof which lead from St. Bennet's- 

Abbey to Dilham, &fc. and the Sum of 

id. -Iq. Refidue of the faid 3^. to be applied towards 

thctffedual clearing and depthening of that Part 



of the River I'are, leading from Tarmouth to Norwich) 
called Braydon, &c. 

The laft mentioned Sum of 3^. is not to be raifed, 
unlefs Notice in Writing, feV. be given to the Mayor 
of Great Tarmouth, &c. 

The laft mentioned 3(/. when raifed, is to be an- 
nually accounted for, feV. and the Overplus (if any) 
of the faid 2q. Part of the faid 3^/. is to be applied in 
clearing and depthening the North River and its 
Branches, i^c. and the Overplus (if any) of the id. 
iq. Refidue of the faid ^d. is to remain in the Hands 
of fuch Perfon as the Corporation of Great lar- 
mouth \n Common Council (hd.\\ appoint, to be applied 
in clearing and depthening the Channel 
of Braydon, in fuch Manner as the P- 'Q^- 
Commiffioners fhall think fit. 

During the Term of feven Years, the Sum of \d. 
other Part of the Duties, is to be applied in clearing 
and depthening the Haven, and repairing the Piers 
and Jettee, all the Capfterns, Cables, and Ropes 
belonging thereto, ^c 

If in any Year during the faid Term of feven 
Years, the faid Sum of 4a'. fhall not be fufficient for 
clearing and depthening the Haven, and repairing 
the Piers and Jettee, feven or more of the Commif- 
fioners, i^c. upon Application of the Corporation of 
Great Tarmouth, &c, are impowered to direct fuch 
further Part of the Refidue of the Duties, as they 
ftiall think necefii"ary to be applied, with the faid ^d. 
towards the faid Purpofes, and for no other Ufe. 

No Part of the faid Sum of 4(/. is to be applied in 
ereSing any new Works in the Haven, or in pull- 
ing down any Part of the Piers and Jettee. 

The faid Sum of 4^. and fuch further Sums (if 
any) as the Commiffioners fhall direft, to be ap- 
plied as aforefaid, is to be annually accounted for, 
ye. and the Overplus (if any) is to be 
applied in amending and improving p. 197. 
the Haven and Piers. 

During the faid Term of feven Years, or other 
lefs Term, the Sum of 8f/. or fuch Part thereof, as 
fhall not have been difpofcd of by the Commiffioners, 
in Manner before direded, Refidue of the Duties, is 
to be applied in improving and extending the Haven 
and Piers, and in ereSing new Works, as the Com- 
miffioners as aforefaid fhall dire£f, according to the 
Provifions herein after mentioned. 

Seven or more Commiffioners, isfc. at their firft, 

or fome fubfequcnt Meeting at Great Tarmouth, are 

to direft fuch Works to be undertaken, as with the 

Advice of fome Ikilful Engineer, or Engineers, they 

S Z fliall 



132 



Of PORTS, ^c. 



fhail think iieceflary for improving and extending the 
Haven and Piers, Isc. 

During tlie Term of feven Years, 
p. 198. or other lefs Term, the Chamber- 

lains of Great Tarmoiith, &c. are to 
pav the Money arifmg by the faid Sum of 8(/. to 
fuch Perfons as the Commiffioners fhall direS. 

The Surpkis (if any) of the faid Sum of 8(/. is to be 
applied in completing fuch new Works as the Com- 
milTioners fhall direfl:. 

If at any Time before the Expira- 
p. 200. tion of the faid Term of feven Years, 

the Commiirioners lliail fignify to the 
Mayor, ^r. that in their Opinion the Work is com- 
pleted, and the Haven and Piers efFeftually improved 
and extended, then the Payment of the Sum of 8<^. 
is to ceafe, except in the Cafe herein after excepted. 

After the Expiration of the faid Term of feven 
Years, or fooner Determination of the Payment of 
the faid Sum of %d. the Sum ot \d. Part of the remain- 
ing Duty is to be applied during the Remainder of 
the Term of twenty one Years, and from thence to 
the End of the then next Seflion of Parliament, in 
clearing and depthening the Haven, and keeping in 
Repair the Piers and Jettee, in fuch Manner as the 
Corporation of Great Tarmoutb in Common Council 
fliall direft. 

If in any Year during the Remainder of the faid 
Term of twenty-one Years, l£c. it fhall appear to 
feven or more of the Commiflioners, iSc. that the faid 
Sum of \d. direfl:ed to be applied in cleaning and 
tlepthening the Haven, and keeping the Piers and 
Jettee in Repair, will not be fufficient for thofe Pur- 
pofes, they may dire£l a further Sum, not exceeding 
id. to be raifed until their next annual Meeting, to 
be applied by the Corporation of Great Tarmouth, 
in repairing and improving the Haven, i£c. in fuch 
IManner as the Commiflioners fhall judge neceffary. 

The faid further Sum of id. or any 
p. 201. Part thereof is not to be raifed, unlefs 

Notice that the fame is neceflary, is'r. 
be firft given to the Mayor, l^c. 

The ColJeQors and Receivers may, at all feafon- 
able Times, cntef into any Veffels within the Haven 
or Road, in order to fee what Goods fhall be on 
board, before the unlading thereof; and if the Duties 
fhall not be paid by the Mafter upon the unlading, 
.they may by Warrant from the Mayor, or Deputy 
Mayor of Great Tarmouth, diftrain fuch Veffel, her 
Apparel, and Furniture, and after ten Days fell the 
fame, rendering the Overplus upon Demand, after 
deducing the Duties and all Charges. 



Such Fifh Oil, or Fifli Livers, as fliall be obtained 
in any fifliing Voyage, and fuch Remainder of Salt, 
Bread, Beer, and other Provifions, as lliall be taken 
into anv Veflel for accomplifting a Fifliing Voyage, 
or into any ^'ef^el for the Maintenance of the Ship's 
Crew, upon a Voyage to be made with fuch Veffel, 
and not fpent therein, are exempted from the faid 
Duties. 

On the Re-exportation of all Coals and other 
Goods, for which the Duties of this K&., on the Im- 
portation, fhail have been paid ; any Colleftor or Re- 
ceiver of the Duties (upon Proof made before him in j 
Writing, upon Oath, of the Payment of the faid | 
Duties, and which Oath he is to ad- 
minifter) is to repay out of the Monies p. 207. 

in his Hands, iSc. all fuch Duties to 
the Re-exporter, as fhall have been paid on the Im- ■ 
portation. j 

From and after the 25th of M;;-r^, 1750, no Vef- 
fel is to lie, or be moored with her 
Side towards the Kay, longer than p. 209. 

one Tide, unlefs upon fome unavoid- 
able Occafion ; and the Mayor, or Deputy Mayor, is 
to take fuch Order therein, as he fhall think reafon- 
able ; and if any Mafter fhall refufe to obey fuch Or- 
der, for altering the Situation of his Ship, and lay- 
ing her Head towards the Kay, he is to forfeit 40/. 

MARGATE. 

The Droits called Poundage and 
Laflage, and other Duties, iTiall be 1 1 Geo. I. 
continued for the Maintenance of the Cap. 3. S. i. 
Pier and Harbour of Margate. 

It fhall be lawful for the Pier- Wardens and Collec- 
tors, to go on board any VeflTel belong- 
ing to Margate, making ufe of, or be- Ditto, S. 6, 
ing within the Harbour, and to take 
Account what Duty is payable for any Goods on 
board ; and in cafe of Non-payment to diflrain fuch I 
Goods, and alfo the Tackle of the VefTel; and in ' 
cafe of Neglecl of Payment by the fpace of ten Days, 
they may fell the Goods to fatisfy as well the Duty as I 
their Charges, l^c. | 

The Money fhall be laid out in repair- Ditto, S. 8. 
ing the Pier and Harbour. 

SUNDERLAND. 
The Commiflioners appointed to put in Execution 
(he private AQ. 3 Geo. \.for Prefervation 
and Improvement of the River Wear, 1 3 Geo. I. 
and Port and Haven of Sunderland, in Cap. 6. S. »- 
the CQunty of Durhaiu, or any feven of 

them, 



Of PORTS, &c. 



133 



them, (whereof the Chairman to be one) are Im- 
powered at any publick Meeting, to grant, or charge, 
the Duties by that Aft granted, as a Security for 
3500/. by them already borrowed, or for any farther 
Sum to be borrowed for the Purpofes in the faid 

Aa. 

The Commlflionersflial! have Power 

Ditto, S. 2. to finifli the Pier already begun, and 

alfo to ereft Piers and other Works, 

for the Prefervation and Improvement of the Haven, 

The Preamble fets forth, that the Town o'i Sund'r- 
land near the Sea, fituate on the River 
zoGeo.ll. Wear, in the County of Durham, is 

p. 479. well inhabited bv rich and able Mer- 

chants and Tradefmen, having a Port 
capable of containing many hundred Ships at one 
Time, fs'r. and that by an A.6k of 3 Geo. I. intitled. An 
Acl for the Prefervation and Improvement of the River 
Wear, and Port and Haven of Sunderland in the Coun- 
ty of Durham, certain Perfons therein named, were 
appointed Commiffioners of tlie faid River and Haven, 
and Duties granted for the effectual cleanfing and 
preferving thereof, for the Term of twenty-one 
Years ; and that by another AQ. of 13 Geo. I. For the 
more effefiual Prefervation and Improve- 
p. 480. ment of the River Wear, bfe. diverfe 

additional Powers were granted to the 
faid Commiflioners, who in Purfuance of the Execu- 
tion thereof, before the Expiration of the Term li- 
mited, erefted at a great Charge, a Pier and a Kay 
near the Mouth of the River, on the South Side, and 
did other beneficial Afis for the opening and impro- 
ving of the faid River, &'c. and in order to have more 
efFe£lually cleanfed and preferved the fame, the Com- 
miflioners propofed to have lengthened the faid Pier, 
and to have built other Works on the North Side of 
the River, but the Money arifing from the Duties not 
being fufficient to perform fuch additional Works, 
&c. // /'/ ena^ed, that the Right Reverend the Bifliop 
of Durham, the Right Honourable 
p. 481. 'Thomas Earl of Scarborough, &c. fhall 

be Commiflioners of the faid River, 
p. 482. Port, and Haven, within the Limits 

herein after fet forth, and (hall be fo 
called for the Purpofes herein mentioned, for the 
Term of twenty-one Years, to commence from the 
2/^x\\oiyune, 1747. 

The Commiflioners, or fevenof them, may pur- 
chafe and take Leafes of any Lands near the faid Ri- 
ver, for the ereSing Piers or other Works, i^c. and 
employing Workmen, Keels, i^c, fo remove any 



Rocks, Gravel, i^c. below High Wa- 
ter Mark, fa'c. provided that thereby p- 490- 
they do not damage the I>ands, Quar- 
ries, Kays, Streights, Wharfs, or Beacons, of any 
Perfon whatfoever, ^c. 

The Commiflioners, or feven of them, may at all 
Times hereafter furvey the faid River fo far as to 
the New Bridge, and no farther (to which Place they 
may make and keep it navigable for the faid Term of 
twenty-one Years) and alfo the Port, Haven, and 
Harbour of Sunderland, as far as the fame extends 
from Souter Point, about two Miles from the Bar of 
Sunderland, towards the North-Eaft, and fo into 
the Sea to five Fathom at Low-Water, and from 
thenc-e in a fuppofed dired Line till it fall oppo- 
fite to that Land caWnd Ryhop Dean, about two Miles 
towards the South, and the Impedi- 
ments and Annoyances, i^c. therein, p. 491. 
and may hear and determine ail fuch 
Abufes, Differences, and Things as concern the fame, 
(Jc. 

The Commiflioners, before the 24th oijunr, 1759, 
(hall remove all Sands, Shoals, and other Obftrudti- 
ons, between Biddicford and Newbridge, and fhall 
effeflually make the faid River navigable, to carry 
Boats, Keels, and VefTels of the Burden novi' ufed 
upon the faid River; and (hall from Time to Time 
keep it fo navigable, between the faid two Places, for 
the Refidue of the faid Term of 21 Years. 

From the Zi^xh oi June, 1747, for the Term of 2r 
Years, and from thence to the End of the next Sef- 
fion of Parliament, every Coal-Owner 
for the Time being, and their Fit- p. 498. 

ters, and Coal-Fa<5lors, (hall feverally 
pay for all Coals and Cinders brought to the faid River, 
and delivered from the Staith aboard any Ship or other 
VelTel, the Sums following, viz. 

The Coal-Owners refpeftively, any Sum not ex- 
ceeding i^. 2q. for every Chaldron of Coals or Cin- 
ders, during the faid Term of 21 Years, brought for 
them to the River, and delivered as aforefaid ; and 
fo in Proportion for any greater or lefs Quantity. 

And the Fitters or Coal-FaSors refpedively, any 
Sum not exceeding 2 q. during the faid Term, for 
every Chaldron of Coals or Cinders, brought and de- 
livered as aforefaid, to be applied as herein after is 
direfted. 

The CommiflTioners, or feven of them (whereof 
the Chairman of the time being to be one) at any 
publick Meeting by Writing under their Hands and 
Seals, (without any Stamp thereon) may a(rign over, 
tfc the Duties, or any Part thereof (the Charges of 

making 



134 



Of PORTS, ^c. 



making fuch AtTignment to be paid out of the Du- 
ties) for all, or any Part of the Term for which they 
are granted, as a Security for any Sum to be bor- 
rowed for the Purpofes herein mentioned, to fuch 
Perfon or Perfons, or their Truftees, 
p. 499. who fliall lend the fame, with Intereil 

not exceeding 5/. per Centum per An- 
mim ; out of which Monies, ifc. Ihall be paid in the 
firfl: Place, the Charges of obtaining and endeavour- 
ing to procure this Aft. 

Cinders to be burnt from Coals, fubjeft to the Du- 
ties beforcmentioned, fhall not pay the Duties pay- 
able for Cinders, on their being put on board any 
Ship or other Veflel, in order to their being export- 
ed, or water-borne to any other Place; 
p. 500. and no Duty fhall be paid for any Coals 

or Cinders that fliall be loft in any 
Keel or Boat funk in the faid River, i^c or wiihin 
five Fathom at Low-Water, beyond the Bar of the 
River; or for any Coals ufed in making Salt, and 
Glafs, Glafs Bottles, Vitriol, and burning Lime- 
Stones into Lime, within the Limits of the faid Ri- 
ver, iSc. fo as the Owners and Confumers thereof 
(being required) by the Oath of themfelves, or any 
other Perfon, to the SatisfaQion of the Comraif- 
fioners, iSc. prove that fuch Cinders, fo exempted, 
were burnt from Coals, for which Duties, as afore- 
faid, had been paid ; or that fuch Coals or Cinders, 
fo exempted, were lofl as aforefaid, or that the Coals 
fo exempted, had been ufed in making Salt, &c. 
within the faid River, Port, or Haven ; and if any 
Staithmen, i^c. (fiunmoricd to appear 
p. 501. and to be examined on Oath touching 

the Quantities of Coals and Cinders by 
them delivered from time to time on board) fliall not 
appear, or refufe to be examined on Oath, they fhall 
be charged fuch Sums, i^c 

All Duties, Fines, and Sums .of. Moiiey, to be le- 
vied by this A£t, not crtherwifip directed to be appli- 
ed, fliall be paid to fuchP«rfon as die Commillioners 
fliall appoint ; and fuch Money, or fp much as fliall 
not be applied towards Payment of the Charges of 
procuring this Act, and of the Principal and Intereft 
of the Money borrowed, ,and the Expcnte of putting 
this Act in Execution, fhall be employed iw lengthen- 
ing the prefentPier, and in purchallng or procuring 
Leafes of any Grounds as aforefaid, to build any 
other Piers, Kays, Walls, or Jettees on, and in-e- 
recfing the lame, and in doing fuch other Works for 
the Improvement of, and the depthening, cleanfing, 
and preferving the faid River, fifr, as the Commif- 
fioners, ^c fliall from time to time dired. 



If by the Building of any Pier or 
other Works, and the different Direc- p. 503. 
tion thereby given, to the Sea, and 
Tide, flowing into the River, cifc. the Kays and 
Grounds of any Perfon, fliall be beat down, over- 
flowed, or otherwife damnified, the Commiflioners, 
yr. out of the Monies arihng by this AQ., fliall caufe 
fuch Kays to be repaired, or rebuilt, and the Land 
to be efieftually fecured againfi: fuch Sea and Tide, 
within twelve Months after any fuch Accident ; and 
fliall likewife caufe to be paid to the Proprietors of 
Lands and Grounds, or to fuch other Perfons as 
fliall make Proof of any Damages done by them, in 
the Execution of this Act, fuch Sums as fliall be af- 
feffed by a Jury, i^c. 

N E W H A V E N. 

That the Haven and Pier of Ne-iv- 
hnven in Stijpx may be rebuilt, y^hn 4 Geo. II. cap. 
Alford, Efq; and others, are conllitut- ij- ^- '• 
ed Commiflioners ; and it fhall be 
lawful tor them to layout the faid Harbour and Pier. 

There fliall be paid the Sums of 
Money following, I'/z. For every Ditto, S. 2. 
Chaldron of Coals, Grindftones, and 
other Goods, paying Duty by the Chaldron, export- 
ed or imported, in the faid Haven, \s. for every Ton 
of Coals, paying Duty by the Ton, Salt, Plaifler of 
Paris, Tarris, Tobacco Pipe Clay, Stone, and Mar- 
ble Blocks, Lead, Iron, and other Goods ; paying 
Duty or Freight by the Ton, i/. fqr every Load of 
Timber, Wainfcot Boards, Trenels, and all other 
converted Timber, \s. for every Load of Tan or 
Bark, 2/. for every hundred of Angle Deals, Spars, 
Ufirs, Pipe, Hogfliead, and Barrel Staves, i/. for 
every hundred of double Deals, is. and of three 
Inch Deals, 3/. for every Quarter of Wheat, Peas, 
Tares, Beans, and all heavy Seeds, 31/. for every 
Quarter of Barley, Alalt, Oats, Saint-Foin, and light 
Grains, zd. tor every Hogfliead of Wine, and other 
Liquids, 6d. tor every FIogiTiead of Sugar, Tobacco, 
and dry Goods, t^il. and for every Tierce thereof, 6d. 
for every Barrel of Pitch, Tar, Groceries, and all 
other Goods in Barrels, \d. for every Bundle, Bale, 
and Chellof Hemp, Linens, Woollens, Gl.ifsj Fruits^ 
Earthen Ware, not exceeding- three hundred Weight, 
yl. for axtr-'j hundred Weight of AJlum, Cheefe, 
Tallow, Colours, Shot, Nails, Chains, and wrought 
Iron, Brafiers and Pewterers Wares, and all other 
Goods p.\ying Duty or Freiglit />f?- Hundred Weight, 
It/, for every Grofs of Bottles, 3^/. for every hui,idce4 
Feet of paving Stones, or paving Marble, 2/. for 

every 



0/ P O R T 



c. 



135 



ctcry fhoufand of Tiles, Bricks, and Clin,k€rs, \s. for 
every Ship (Fifhing Vefl'els excepted) that comes to 
load of- unload, 'id. fir Ton» accofding to their light 
Bills ; for every VefTel thai fhall coirve in, and nei- 
ther load nor iinload, 2/. each, f^oft^ .twelve to fifty' 
Tons, and if above fifty Tons, 4^-. for all Goods not 
enumerated, oniJ t^'elfth Part of the ufual Freight 
from London to Nnvhaven. 

_. „ Which Duties fhall be paid by the 

' ■ ^' Pei'fon who fhips or receives Goods, 
the Mftfter to pay the Tonnage of the Ship ; and no 
Officer of Qifloms of the Port oi Lcwss, lliall take 
Entries, or make out Cockets, for fhipping or dif- 
charging Goods, or for clearing any Ships, until the 
Duties be paid, or Security given; or fhall permit 
anv Ship to go out of the Haven, until the Mafter 
produce a Receipt for the Duties aforefaid. 

The Colle£fors may go aboard and 
Ditto, S. 4. diftrain for Non-payment, and in Cafe 

of negle£f for ten Days, may fell the 

Ship and Furniture. 
Ditto, S. 6. When the Tuftices, at their Quarter 

Seflions for Sujfex, fhall certify, that 
the Commiffioners are reimburfed, one half of the 
Duties fhall ceafe, and the other half fhall continue, 
for keeping the Haven, Pier, and Sluices in repair. 



ILFORDCOMBE. 



4 Geo. II. Cap. 
19. S. I. 



The feveral Duties following fhall 
be paid to Sir Bourchier IVray, his 
Heirs and AfTigns, Lords of the Ma- 
nor of ///cri/ireOTi^r, in the County oi Devon (the great- 
eft Part of which Acknowledgments were anciently 
paid to the Lords of the Manor) viz. 

For Woollen and Bay Yarn, and 
Ditto, S. 2. Flocks, ^d.per Stone, each to contain 
i8/i. and for every Ton of other 
Goods, imported or exported out of the faid Port, id. 
For every Ship which fhall come in- 
Ditto, S. 13. to the faid Harbour (the fame not be- 
ing their difcharging Port) the Kee- 
lage following, iiiz. For every Shipufing the Coaft- 
ing Trade, belonging to the faid Port, 6d. for every 
Ship, not belonging to the faid Port, ufing the Coafl- 
ing Trade, i/. 6d. for every other Ship coming from 
his Majefty's Plantations, or bound thither, 2/. 6d. 
the Mafter paying the faid Duty of Keelage, fhall 
have Allowance of the Merchant by way of Average ; 
for every Ship that pays Keelage, there ftaall be paid 
by the Mafter, 6d. for each Top which fuch Veffel 
beareth, and for the Keelage of every Boat belong- 
ing to any other Port or Place, ^d. 



For the Support of the Lighthoufe 
(which Light fhall be fet up at 71'//- Ditto, S. 4. 
ciaclmas, and cotvtinue 'till the firft of 
March in every Year) there fhall be paid, dur'n^ 
fuch Seafon by every Ship belonging to the faid Port, 
6</. and by every other Ship, is. 

■ And for laying up, or lecfing of 
Ships in the Harbour, and to the Fi- Ditto, S. 5. 
fhcry, there fhall be paid the Duties 
following, v!z. for every Ship belonging to the Har- 
bour, 4/. ^d. for every other Ship, 6/. 8 J. for every 
Boat imployed in the Herring Fifhery, 4/. 4^. and for 
every Boat fifhing for Mackrel for the Seafon, 4/. J^d. 
and for every Barrel of Herrings, id. and for every 
Horfc-Load of Goods imported or exported, 2,d. 

For the keeping of a Taw-Boat, 
there fhall be paid fuch Duties, and Ditto, S. 6. 
iuch Orders obferved, as follows ; 
firll, the Owner of fuch Taw-Boat fliall have for go- 
ing to any Ship, three Shares, and the Owner of the 
Boat and Company, fliall have one third of every Pi- 
lot Ship ; the Owner of fuch Boat to have his Part, 
whether the Pilot be fhipped within the Harbour or 
without; and the Keeper of fuch Boat fliail have one 
Man's Share ; and no Boat fhall ferve, but fuch Taw- 
Boat only, which is to attend the Place : and if any 
other Boat fliall ferve, the Owner of fuch Boat fliall 
forfeit 6s. Sd. unlefs upon Extremity of Weather, 
then the Owner of the Taw-Boat fhall appoint other 
Boats to affitl him ; and the Owner of fuch Taw- 
Boat fliall have from every fuch fpecial Boat, one 
Share, and the Keeper of the Taw-Boat fhall attend, 
and keep the Boat and Warp always in Readinefs. 

There fliall be paid by the Mafter of 
every VelTel belonging to Jlfordcombc, Ditto, S. 7. 
who fhall ufe the Warp, 6s. 8c/. and 
by the Mafter of every VefTel belonging to any other 
Port, 1 3/. 4(/. 

For keeping Weights in the Har- Ditto, S. 8. 
hour, by the faid Sir Bourchier IVmy, 
his Heirs and Aillgns, the Orders herein after men- 
tioned fhall be obferved, viz. No Pcrfon fliall weigh 
any Goods, bought or fold there, with any other 
Weights ; and if any Pcrfon fli.ill weigh with o- 
ther Weights, fuch Perfon fhall forfeit 3/. 4^. and 
there fhall be paid for every Ton fo weighed 2d. 

There fhall be paid for every Dicker 
of Leather there landed, 3^. for eve- Ditto, S. 9. 
ry Hogfhead of Tobacco, ^d. for eve- 
ry Weigh of Coals or Culm, 6d. for every Horfe, 
id. for every Bullock, i>/. for every Score of Sheep, 
4^. for every Doz,en of earthen Ware, imported or 

exported^ 



136 



Of PORTS, Mc. 



cx]')oi'fe(], \d. for every Meafe of Herrings unfalted 
carried out of the Port, 3^/. for every Ton of Ballaft 
t^ken on board in the Port, ^d. for every Ton of 
Lime Stones landed in the Harbour, \d. for every 
Ton of Groceries, or Saltery Wares, \s.6d. for eve- 
ry hundred of Barrel Staves, 4c/. for every Bundle of 
Hoops, \d. for every Pack of Bays or Stuff, -^d. and 
for every hundred Weight of Cheefe, id. and for the 
Leefing or laying up of every fuch Fifhing Boat as 
fhall not pay Duty, 2/. id. 

r,- . c And for all other Goods, not parti- 

Ditto, S. 10. , , ,■ J • . J ' 

cularly mentioned, imported or ex- 
ported, fuch Sums of Money fliall be collefted, as 
Duties appertaining to the (aid Kay, Light-Houfe, 
and Waip-Houfe, according to fuch moderate Va- 
lues, as are proportionable to the Rates above expref- 
fed, and as are paid in the adjacent Ports. 

All Money ralfed by the Duties, or 
Ditto, S. 13. recovered for Forfeitures, fhall be laid 

out in repairing and maintaining the 
Piers, Kay, Light-Houfe, Warp, Warp-Houfe, 
Boats, and Harbour of Ilfordnmbe. 
Dttn S 16 The Water-Bailiff hath Power to 

go aboard Ships, and to difirain for 
Nonpayment, and after ten Days to fell the Diftrefs, 
and fatisfy the Duties, Penalties, and Cofts. 

Nothing in this A£l fhall diminifh 
Ditto, S. 17. any of the ancient Rights, which the 

Freemen of Bridg-waterha.xe tnjoytdy 
by Virtue of a Charter granted by King John. 

SCARBOROUGH. 

The King eredfeth a Corporation 
•^y Heti. VIII. of two Perfons, called, the MaJIers, 
Cap. 14. S. I. or Keepers, of the Kay or Pier of Scar- 
borough. 
Ditto, S. 5. The Mafter and Keepers fhall re- 

ceive of the Owners of Tenements in 
Scarborough, the fifth Part of the yearly Rents, for 
the Maintenance of the Kay or Pier, at the Feafts of 
Pcntecof} and Si. M.irtin. 

.J P From the 24ih of 7»«;', 1732, until 

^ "o . the 24th of 7!/;;f 1763, the Duties af- 

ter-mentioned Ihall be paid, for the 
enlarging and keeping in Repair the Piers of Srar- 
b-jrcugb, to wit, id. for every Chaldron of Coals, 
laden on board any Ship in the Port of A'eiueaflle, or 
any Member of the Port of Neivcaflle ; which Duties 
fhall be paid to the Bailiffs and Burgeffes of Scarbo- 
rough, as they in Common-Council allcmbled fhall 
appoint, by every Mafter of a Ship, before fuch Ship 
be fuffered to proc^d on any Voyage, to be paid 



near the Place where fuch Ship fhall take on board 
fuch Coals. 

Till the 24th of June, 1783, there Ditto, S. 3. 
fhall be paid to the faid Bailiffs and 
Burgeffes for Coals landed within the Port of Scarbo- 
rough, I/, ^t'r Chaldron Town's Meafure ; for Cinders, 
If. per Chaldron ; for every Weigh of Salt, 2/. for e- 
very Grofs of Glafs Bottles, 2d. for Fir Timber im- 
ported on Englijlj Bottoms, 3(/. per Ton ; for every 
hundred of Fir Deals, 3/. of half Deals, is. 6d. of mid- 
dle Balks, 3/. of double Ufirs, 3/. of fingle Ufirs, 
I/, of Capraevens, 3/. of fmall Balks, is. of fmall 
Spars, 6d. of Battins, is. of Pale Boards, 2d. great 
Mafls apiece, 3/. middle Marts apiece, is. 6d. fmall 
Marts apiece, 6d. Oak Timber and Oak Plank, per 
Ton, 2^- Wine and Brandy /fr Ton, 5/. and for all 
the above enumerated Goods, which fhall be im- 
ported in foreign Bottoms, double Duties ; and for 
all foreign Goods, not above-mentioned, imported 
in Englijh Bottoms, 3^. per Ton ; and for foreign 
Bottoms, 6d. per Ton ; and for Butter fhipped off 
from Scarborough, id. /i^r Firkin ; for dried Fifh and 
mud Fifh, fhipped off, zd. per Score ; for Barrel Fifh 
fo fhipped off, per Barrel, ^d. for Tallow fo fhipped 
off, yt. per hundred Weight; every Ham of Bacon, 
2d. Neats Tongues per Dozen, 3(/. pickled Pork per 
Barrel, is. for every Flitch of Bacon, 2d. Rabbit 
Skins per Pack, 2s. 6d. Calve Skins per Dozen, 3^. 
Leather per hundred Weight, is. And for every 
Englijh Ship which fhall enter within the Piers, 6d. 
and for the Top, or Crofs Tree of fuch Engii/h Ship, 
being of the Burthen of 130 Tons, 4c/. and for eve- 
ry foreign Ship fo entering, is. and for the Top, or- 
Crofs Trees of fach foreign Ship of 130 Tons, 8d. 

In Default of Payment it fhall be 
lawful for the Colledors to diftrain. Ditto, S. 5. 

All Ships within the Port of Scar- 
borough, fhall lie, moor, and ballafl, Ditto, S. 17. 
in fuch Places as they fhall be direfted, 
under Penalty of 5/. i^c. 

The ancient Tolls for fupporting Ditto, S. 19, 
the Piers ihall be paid. 

All Ships Briti/h built, and manned 
according to the Atf of Navigation, Ditto, S. 20. 
belonging to Great Tarmotitb, fhall be 
free from the faid Duty of i per Chaldron of Coals, 
fo as the Mafter, or fo.me Mariner on his Behalf, pro- 
duce a Certificate, made upon Oath before the Mayor 
of Tarmouth, and under the Seal of Mayoralty, that 
fuch Ship does belong to Turmouth, and that the In- 
habitants thereof are Owners of the major Part of 
fuch Ship. 

ARUN- 



I 



0/ P O R T S, ^c. 137 

ARUNDEL. ThisAa fliallbeapublick Aa, ^c. Ditto, S. 15. 



6Geo. II. Cap. The Mayor of Arundel and others 

12. S. I. are appointed CommilTioners to im- 

prove and prefcrve the Harbour of A- 
rundel; and it iliall be lawful for the Commiirioners, 
or any nine of them, to ere<£l Piers and other Works. 
There fhall be paid to the Commif- 
Ditto, S. z. fioners the Duties following, viz. For 
every Chaldron of Coals, Grindflones, 
or other Goods p.aying Duty to the King by the 
Chaldron, which fhall be exported or imported in the 
faidPort, I/, for every Ton of Salt, and other Goods 
paying Duty or Freight by the Ton, is. for every 
Load of Timber, Wainfcot, Trenals, or other con- 
verted Timber, is. for every Load of Bark, 2/. for 
every hundred of Spars, Ufirs, Pipe, Hogfhead, or 
Barrel Staves, is. for every hundred of fingle Deals, 
IS. 6d. of double Deals, 2s. of three Inch Deals, 
2/. 6d. for every Quarter of Wheat, Clover, and 
other Grains and Seeds, 3(/. for every Load of Flour 
or Meal, is. and of Bran, 6d. for every Hogfhead of 
Wine or other Liquors, i/. of Sugar and dry Goods, 
gd. tor every Tierce thereof, 6d. and for every Barrel 
of Pitch, or other Goods, 4^. for every Bundle, Bale, 
and Chefl: of Hemp, Linen, Woollen, Glafs, Fruits, 
and Earthen Ware, \d. per hundred Weight; for 
every hundred Weight of Allum, and Goods, pay- 
ing Duty or Freight per hundred Weight, \d. for 
every hundred Feet of paving Stone or Marble, 2s. 
for every thoufand of Tiles, Bricks, or Clinkers, is. 
for every Grofs of Bottles, Stone, or Glafs T,d. for 
every Barge, or other Craft, paffing through each 
Lock, I/, for all Goods not enumerated, one twelfth 
of the ufual Freight from London to Arundel; for eve- 
ry Britip Ship which fhall load or unload (Fifhing 
Veflels excepted) 3^/. per Ton, according to their 
light Bills ; for every BritiJJ} Ship, which fhall fail 
into the Harbour, and fhall neither load nor unload 
there, i^d. per Ton; for every foreign Ship, and for 
all Goods, imported and exported in foreign Bot- 
toms, double Duties. 

No Ship fhall be cleared at the Cuf- 
Ditto, S. 3. tomhoufe, 'till the Mafter produce a 
Certificate that the Duties are paid or 
fecured, i^c. 
Ditto, S. 8. When it fhall appear to the Juf- 

tices, and be certified by them, that 
the CommifTioners are rcimburfed the Monies bor- 
rowed, one half of the Duties fhall ceafe. 
Ditto S 10 ■^" Ships in the Port of yf;7/;;(/t7 are 

to moor and ballad; in fuch Places as 
the Maflers fhall be direded, He. 



River Dee at CHESTER. 

By an AS made 6 Geo. II. intitled, 17 Geo. 11. p. 
An A^ to recover and preferve the Na- 57^- 
vigation of the River Dee, in the County 
Palatine of Chefter, reciting, that by an KGt made 
1 1 and 1 2 I'Vill. III. intitled, An Aii to enable ibe 
Mayor and Citizens of Chefler to recover and preferve 
the Navigation of the River Dee, reciting, that the 
faid River Dee was theretofore navi- 
gable for Ships of a confidcrable Bur- p 572. 
den, from the Sea to the City oiChef- 
ter; but by Negleft, and for Want of funicient 
Banks and Fences on the Sides thereof, againfi: the 
Flux and Reflux of the Sea, the Channel was become 
fo uncertain, that the Navigation was almoillofl; 
the Mayor and Citizens of Chefler and their Succef- 
fors were empowered to make the faid River naviga- 
ble from the Sea to the faid City, for Ships of one 
hundred Tons or upwards ; and certain Duties in the 
faid Aa mentioned, were l?id upon Coals, Lime, and 
Limeflones brought to the faid City, for the Term 
of twenty-one Years ; and the Property of the Sands, 
Soil, and Ground therein mentioned was immedi- 
ately after the faid River and. Channel fhould be 
made navigable for fuch Ships, to and from Chefter, 
to be vefted in the Mayor and Citizens, and their 
Succeffors forever; and they were at Liberty to en- 
clofe and improve the fame, and receive the Profits 
thereof, and apply the fame for maintaining and re- 
pairing the intended Works and Fences, and for 
making fuch farther M'^orks from time to time .as 
Occafion fhould require for making and keeping the 
faid River navigable: a?id reciting, that feveral con- 
fiderable Sums had been laid out purfuant to the faid 
Aa, but the River was not made navigable ; the 
Provifions for making it fo being infufEcicnt; and 
the Time hereby granted, for making the fame na- 
vigable, was expired : And reciting, that the Sands, 
Soil, and Ground, not bearing Grafs, commonly 
called the White Sands, from Chcjler to the Sea, and 
lying between the County oi Chefler, and the North 
Side, and the County of Flint on the South, are of 
great Breadth in molT: Places; and that the River's 
not being navigable, was chiefly owing to the Breadth 
of the Sands, and to the fhiiting of the Channel, as 
the Winds and Tide varied ; and that 
the faid Sand, Soil, and Ground p. 573. 
were not, nor were likely to be, of any 
Benefit to any Perfon whatfoever, unlcfs the River 
was bounded in, and made navigable by Sea Walls, 
T which 



,38 



0/ P O R T S, &'c. 



■which required a very great Expence, as well to e- 
re£l, as to maintain and repair from time to time as 
Occafion fhouid require; but that yet, if the faid 
Sands, Soil, or Ground, were recovered from the 
Sea, by Sea Walls, and the Channel thereby con- 
fined to one certain Courfe, it would not only effec- 
tually m<"ike the River navigable, but that verting the 
White Sands in the Undertakers, would be a confider- 
able Encouragement to the Undertaking thereof: 
j^rul reciting, that the making the faid River naviga- 
ble, would be a Means to advance the Trade of the 
City, and that a great Benefit would accrue thereby 
to the Inhabitants and to the Towns and Countries 
adjacent, as alfo be a Means to increafe the Number 
of Seamen and Watermen, and promote the public 
Good of this Kingdom; Nathaniel Kinderley, in the 
faid A£t named, his Heirs, and AlTigns, and fuch 
Perfons as he, i^c. fliould appoint, were by the faid 
A61 of 6 Geo. II. appointed Undertakers of the faid 
Navigation, and impowered at their own Charges, 
10 make and keep the faid River ZJct- navigable from 
the Sea to Wilcox Point, that there fhould be fixteen 
Fee Water in every Part of the River at a moderate 
fpring Tide, for Ships to come and go to and from 
the faid City ; and to that End, to make the Channel 
to run thi'ough the White Sands, or the common Salt 
Marfiies adjoining, or through the Marfhes of John 
Wright, Efq; com.mbnly called Brewers Hall Marflj, 
as they fhould think fit; and the faid Nathaniel Kin- 
derley, his Heirs, AfHgns, and Nominees, had far- 
ther Powers granted them by the faid 
p. 574- AS, as therein mentioned, and as they 

would necefi^arily be at a very confi- 
derable Expence in making the River navigable, and 
keeping up the lame, it was by the faid Aft of 6 Geo. 
II. enaSed, that immediately after the faid Nathaniel 
Kinderley, his Heirs, Afligns, or Nominees, ("hould 
make the faid River Dee navigable, and paflable for 
Ships in manner as aforefaid, all Merchants and Pro- 
prietors of any Goods, that lliould be brought into 
the faid River and Channel, and that fliould be load- 
ed at, or fhippcd off, or fent from Chejler, or from 
any other Places between the faid City and Park-gate 
in the County of Cbeflcr, on the North Side of the 
faid River, and between the City of CAfy?ir and Town 
of Flint in the County of Flint, on the South Side of 
the faid River, fliould pay to the Ciid Nathaniel Kin- 
derley, his Heirs, y<-. feveral Duties in the faid Aft 
mentioned ; alfo certain Sands, Marfhes, and Salt 
Grafs, and other Lands therein mentioned, were, fo 
foon as the faid River was made navigable, verted in 
the Undertakers, for their proper Ufe, under the 
Provifo's in the laid AQ. mentioned ; and Commif- 



fioners were appointed by the faid Act, for fettling 
all Matters, about which any Difference fliould arife 
between the Undertakers and Proprietors of any of 
the Lands adjoining to the River; ami the Commif- 
fioners were thereby empov^■ered to fettle and affefs 
Recompence to be made for Damages that might hap- 
pen to any of the Lands or Fiflieries, 
by Reafon of the faid Navigation : And p. 575, 

the Undertakers were diretled to in- 
vert 10,000/, in South Sea Annuities, or other Go- 
vernment Securities, in the Name of Thomas Revel, 
"John Manley, and Benjamin Hoare, Efqs; and John 
Bland, Banker, to anlWer the Damages lart men- 
tioned, for three Years after the Navigatio;: fliould 
be fully compleated : And it was thereby alfo enact- 
ed, that if the faid Undertakers fliould not begin be- 
fore the 24th D.ay of June, 173',, and make the faid 
River navigable, according to the true Meaning of 
the A6t, on or before the 24th Day of June, 1742, 
all atid every the Powers and Interert of the faid Na- 
thaniel Kinderley, his Heirs and Nominees, fhould be 
utterly void ; and that it fliould not be lawful for any 
Proprietor or Undertaker, or their Heirs, or any Per- 
fons claiming under any of them, to difpofe of their 
Interert in the faid Undertaking, or any Share there- 
of, until fuch Time as the faid River fliould be made 
navigable : And the faid Nathaniel Kinderley did af- 
terwards by an Inrtrument in Writing, dated the 9th 
Day of yz/Zy, 1733, and duly executed, declare, that 
his Name was made ufe of in the faid A6f of 6 Geo. 
II. in Truft iov Thomas Watts, and Richard Manlev, 
Efqs; and fuch other Perfons as they fliould appoint 
to be concerned in the faid Undertaking : and the 
faid Nathaniel Kinderley did afterwards duly nominate 
certain Perfons, being forty in Number, to be the 
Undertakers of the faid Navigation : And by Inden- 
ture Quadrupartite, made April g, 1734, between 
Nathaniel Kinderley, of the firrt Part, Thomas Watts 
and Richard Manley, of the fecond Part, JoJ'epb Da- 
vis and William Purfons, of London, Gentlemen, of 
the third Part, and ninety other Subfcribers to the 
faid Indenture, or to the Schedule thereof, of the 
the fourth Part, and duly executed by all the faid 
Parties, it was agreed, that the faid Subl'cribers fhould 
raife a joint Stock of 40,000/. in the Manner and on 
the Trurts therein mentioned ; which Trurts were, 
among other Things, to lay out the 10,000/. to be 
depofited as a Fund to anfvver the Damages before 
fpecified ; and alfo to lay out fuch 
Sums as fliould be neceffary to recover p. 576. 

and preferve the Navigation of the Ri- 
ver Dec; and the Refidue (if any) of the faid 40,000/. 
was to be in Truft for the faid Subfcribers, in Pro- 
portion 



Of PORTS, 



c. 



139 



portion to the Sums by them refpeftively paid in : 
And it was by the faid Indenture farther agreed, that 
the Duties and Tonnage by the faid Act made pay- 
able to, and tlie Sands, Soil, Ground, Marflies, and 
Salt Grafs, thereby vcfred in the faid Nathaniel Kin- 
fUrkv, his Fleirs, is'c lliould remain to the Ufe of the 
faid Subfcnberj, in Proportion to the Sums by them 
refpeftively paid : It was aifo agreed, that the faid 
joint Stock of 40,000/. Ihould be divided into 400 
Shares, each confilting of 100/. and that each of the 
Subfcribers fhould be entitled to fo many Shares as he 
(hould have fubfcribed and paid in 100/. and feveral 
Provifions were made for the Management of the 
Undertaking, for recovering and preferving the Na- 
vigation, and of the Affairs relating thereto : And 
the faid Undertakers, the Afligns or Nominees of the 
faid Nathaniel Kinderley, between the 27 th oi Auguji 
2inAgihoi November, 1735, did in vefl: 10,000/. in the 
Purchafe of qzgol. old South Sea Annuities, in the 
Names of Thomas Revel, John Mauley, Benjamin 
Hoare, and John Bland, as Truftees for the Purpofes 
in the faid hQ. mentioned ; and the faid Benjamin 
Hoare afterwards refuhng to accept the faid Stock in 
the South Sea Company's Books, or to aCf in the faid 
Truft, the Annuities were, in Puifuance of a Decree 
of the High Court of Chancery, made the i8th Day 
of February, 1737, transferred into the Names of 
Thomas Revel, John Mauley, and John Eland, upon 
the fame Trufts : And the Undertakers began the 
faid Undertaking, before the 24th Day oijune, \ 735, 

and laid out the Monies advanced upon 
p. 577. the faid Indenture, in making the De- 

pofit of 10,000/. in South Sea Annui- 
ties, i£c. and great Progrefs was thereby made in 
recovering the faid Navigation ; but the fame not be- 
ing perfefted, and it being neceffary to raife further 
Monies, for that Purpofe, it was by Deed-Poll bear- 
ing Date the 17th Day oi Au^ujl 1736, agreed to 
advance Ten per Cent, more, on each of their refpec- 
tive Subfcriptions, for the Purpofes in the faid Inden- 
ture exprefled concerning the faid 40,000/. and after- 
wards there being a Neceifity to raife further Monies 
for the perfeding the Navigation, by another Deed- 
Poll, bearing Date /.i;?rf^ the 3d, 1736, it was agreed 
by the Sublcribers thereto, to advance 20 per Cent. 
more, on their refpedfive Subfcriptions: And the 
Subfcribers to the faid Indenture, and to the Deeds- 
Poll, and Undertakers of the Navigation, having 
paid in 47,830/. the fame was laid out in making the 
faid Depofit, and in cutting a new Channel for the 
River Dee, through the adjacent Marfhes, near ten 
Miles in length ; and making a Dam and Sluices 
€rofs the old Channel, and deepening tlicreof, and 



making other Works neceflary, for the recovering 
and prelerving the Navigation, and in Charges ne- 
ceffarily attending the Undertaking, and the River 
was in April, 1737, turned into the new Channel, 
and hath ever fince continued to run through the 
fime; and ever fince Ships and VelTels of confidera- 
ble Burden have failed through the nev,' Channel up 
to Wileox Point; and the Undertakers being by the 
faid Acf, diredled and impowered to make and keep 
the River navigable from the Sea to the faid Point; 
that there fhould befixteen Feet Water in every Part 



of the River at a 



moderate Spring- 



p. 578. 



Tide, for Ships to come and go, to 
and from the faid Citv, feveral Trials 
and Soundings were made, to afcertain the Height 
the Water flowed to, at a moderate Spring-Tide, and 
thereby the fame was fixed to be level with the Height 
of nine Feet above the Apron of the ten Gate Sluice, 
Part of the Works of Navigation erected by the Un- 
dertakers; and a Pile was in 1738 fixed in the River 
near the laid ten Gate Sluice, on which the Height of 
nine Feet from the Apron of the ten Gate Sluice was 
marked, and fet for the Standard Height of the Wa- 
ter at a moderate Spring- Tide, and the fame has 
fince been commonly called the Standard; and the 
Undertakers finilhed the Undertaking in making the 
faid River navigable, according to the Intent and 
true Meaning of the faid recited A£l of 6 Geo. II. be- 
fore AfanA 2 5 , 1740, and have fince that Time been 
at very great Expences in keeping the fame naviga- 
ble according to the true Meaning of the A6t ; and 
the joint Stock of the faid Undertaking having been 
laid out as atorefaid, and proving infulficient for fe- 
curing the Works, and inclofing and improving the 
Sands and Grounds verted in the faid Undertakers at 
a general Meeting, held Deeember 11, 1740, they 
did agree, that the faid joint Stock fhould be increaf- 
ed to 52,000/. and that Application fhould be made 
to Parliament to incorporate the Undertakers: And 
by one other A(£t made 14Gfu.II. intitled. An AH for 
incorporating the Undertakers of the Navigation of the 
River Dee, it was amongft other Things enabled. That 
William Allix, and the feveral other Perfons therein 
named. Proprietors of the Undertaking, and the Re- 
prefentatives of fuch Subfcribcr-; to the laid Indenture 
or Deeds-Poll as were dead, their feveral and refpec- 
tive Succeffors, i^c. fhould be erected into one Com- 
pany for the Purpofes aforefaid, and be incorporated by 
the Name of The Company of Proprie- 
tors of the Undertaking for recovering p. 579. 
and preferving the Navigation of the 
River Dee, and have perpetual Succeillon, and a 
common Seal, and have Power to do al futh Acs 
T 2 



M 



0/ p o R T s, a^ 



140 

as the faid Nathaniel Ki/iJrrky, his Heirs, &i: might 
have done, by virtue of the faid A& of 6 Geo. II. 
and to take all fuch Duties, Tonnage Dues, and Pay- 
ments whatfoever, as the faid Nathaniel Kindi'rley, 
his Heirs, (Jc. were impowered to do by the laid A£l ; 
and to embank, inclofe, improve, and apply to the 
Ufeof the faid Company, thit IVbite Sands, Soil, and 
Ground, and other Lands whatfoever, by the faid 
ASt. vefted in the faid Nathaniel Kinderley, his Heirs, 
i^c. uDon the Terms in the faid Aft mentioned, in 
the fame Manner as the faid Nathaniel Kinderley, his 
Heirs, i^c. might have executed the fame, by Vir- 
tue of the faid Aft, fiibject to the Limitations, cfr. 
in the faid Aft mentioned ; as by the AtSf of 14 Geo. 
II. will more fully appear : And the Tonnage Rates 
and Duties, which by the faid Adl 6 Geo. II. are 
charged for all Goods brought into, or loaded in the 
faid River, are by Experience found to be too high, 
and a Difcouragement to the Trade of the City ; 
and the Mayor and Citizens of Chejier, and the Mer- 
chants and Trader's of Chejhr have therefore re- 
quefted the Company of Proprietors of the Under- 
taking to confent that the fame may be repealed, and 
that in lieu thereof cafier Tonnage Duties may be ap- 
pointed, which the faid Company have confented to ; 
the doing whereof will be an Encouragement to 
Trade and for the common Good of the Under- 
taking, that the faid A<5lsof 6 and 14 Geo. II. fhould 
be explained and amended, in the feveral other Par- 
ticulars hereafter mentioned. 

It is therefore enaHcd, that after 

p. 580. Mflv 25, 1744, the faid feveral Rates 

of Tonnage, payable to the faid Com- 
pany of Proprietors, by the feveral A£ts before re- 
cited, or either of them, fliall be no longer payable; 
and that fo much of the faid A£ls as relate to the 
Payment thereof, fhall be abfolutely repealed. 

After Mav 25, 1744, there fliall for ever be paid 
unto the faid Coiiipany, and their SuccelTors, or to 
their Colleftors, for every, Ship, Sloop, Hoy, B.ark, 
Barge, Lighter, Boat, or other Veffel, coming 
into, or going out of, or navigating in the River, 
and new Channel, with any Goods or Merchandize, 
(Lead, Oyfters, Slales, and paving Stones, except- 
ed) bv the Mafter or Owner of fuch Ship, i^c. or 
other Veffel (every of whom are by this Ad made 
liable to the fame) the feveral Rates, Tonnage, Kee- 
lage, or Duties, according to the full of their Reach 
and Burden, hereinafter particularly defcribed, for 
every Ton of Burden of fuch Ship, i^c. or other 
Veffel, that is to fay, for every Ship, ^r. or other 
Veffel coming to, or going from the 

p. 581. City of Cbejhr, or to, or from an^ 



^C, 



other Place, between the Citv of CheJler and Park- 
Gate, on the North-fide of the River, and between 
the Cily of Cbijler, and the Town of Flint, in the 
County of Flint, on the South-fide of the River, to 
or from any Part of Great-Britain or JVales, or the 
other Places or Countries herein after mentioned, the 
feveral Rates and Duties following ; that is to fay, 
for every Ship, Sloop, Hoy, Bark, Barge, Lighter, 
Boat, or other Veffels, going to, or coming trom 
any Part of Great-Britain or JVales, between the 
faid City and St. David' s-Head, or Carlijle, for every 
Ton, 2d. and for every Ship, i^e. going to, or comb- 
ing from any Place between St. David'' s-Head and 
the Land's-End, or beyond Carlijle, to any Part in, 
or on this Side the Sbetlands, or to, and from the Ijli 
of Man, for every Ton, 3^. and for every Ship, l^e, 
going to, or coming from any Part of Ireland, for 
every Ton, 4J. and for every Ship, k^e. going to, 
or coming from any Place, up the King^s-Channel, be- 
yond the luvuV s-End, or beyond the Sbetlands, for 
every Ton, 4c/. and for every Ship, is'e. going to,, 
or coming from any Part o{ Norway, Dcnmari, Hol/lein, 
Holland, Hamburgh, Flanders, or any Part of France, 
without the Streights of Gibraltar, or the Iflands of 
GuernfeyoT Jerfey, for every Ton, 8«/. and for every 
Ship, bjc. going to, or coming from any Place in 
Ne-.vfjundland, Greenland, Rujfia, and within the 
Baltiek, Portugal, or Spain, without the Streights^, 
Canaries, Madeiras, Wejlern-ljles, Az.ores, for every 
Ton, I/, and for every Ship, iS'r. going to, or com- 
ing from any Place in the Wejl-huiies, Virginia, or 
any other Part of America, Africa, Europe, or Afia, 
within the Streights, or not named before, any Part 
of Africa without the Streights, or Cape de Verde IfleSy. 
for every Ton, \s. and 6d. and for every Sloop, Hoy, 
Bark, is'f. carrying Goods from, or bringing Goods 
to the Citv of CheJler, or through any Part of the 
faid new Channel, in order to be put on board, or 
dilcharged from any Shipv ^e. lying at Park-Gate, 
Flint, or any other Place within the 
Port of CheJler, and below the faid p. 593. 
new Channel, made by the faid Un- 
dertakers, for every Ton, id. and fo in Proportion 
for a greater or leffer Qiiantity than a Ton ; fuch- 
Duties to be paid at the Time of fuch Ship or other 
Veffel's Difcharge, either inwards or outwards, at 
the Cuflomhoufe in the Port of Chefter, fo as no Ship 
or other Veffel be liable to pay the Duty but once 
for the faid Voyage, both out and home, notwith- 
ftanding fuch Ship or other Veffel may go and re- 
turn back, with a Lading of any Goods or Mer- 
chandizes. 

And 



0/ P O R T S, ^c. 



141 



And by the faid Acl of 6 Gto. II. it is (among 
•ther Tilings) provided, that if any Ship or Vefl'el, 
emplovcd by the Cheefemongers of the City of 
London, in the Cheefe Trade to the City of Chejler, 
(houid not go up to the City, or within any Parts of 
the intended Works of Navigation, but fhould have 
their Lading put on board fuch Ship or Vefl'el, by 
Boats or Keels, 6ct. per Ton, and no more, fhould 
be paid to the faid Nathaniel Kinderley, his Heirs, 
l^c. by the r.rafcer or Owner of every fuch Boat or 
Keel, for all Cheefe or Lead, fo to be put on board 
fuch Ship or Veilel, in full SatisfaQion and Difcharge 
of all Duties and Tonnage whatfoever ; it is hereby 
further fwa^^ff/, that after the 25 th ci May, 1744, 
the faid Duty of 6d. per Ton, made payable by the 
above recited Provifo, fliall ceafe, and be no longer 
payable ; and that in lieu of the faid Duty of 6d. per 
Ton for fuch Boats or Keels, a Sum of 2d. per Ton, 
and no more lliall from May 25, 1744, be paid to 
the faid Company, and their SucccfTors, by the Maf- 
ter or Owner of every fuch Boat or Keel, carrying 
Cheefe (Lead being exempted by this Att from the 
Payment of any Tonnage) to be put on board fuch 
Ship or Vefiel, in full Satisfa6fion of all Duties and 
Tonnage whatfoever. 

All Ships, i^c. ■ or other '\'efl"els, 
p. 583. coming into, or going out of the faid 

River, and new Channel, and liable 
to the Payment of the Duties of Tonnage, by this 
A£t impofed, fhall be meafured, by taking the 
Length of the Keel, fo much as fhe treads on the 
Ground, and the Breadth to betaken by the Midfhip 
Beam from Plank to Plank, and half that Breadth 
fliall be accounted for the Depth of every fuch Ship 
or VefTel ; then multiply the Length by the Breadth, 
and the Produd: thereof by the Depth, and divide 
the whole by ninety four, and the Quotient fhall give 
the true Contents of the Tonnage ; according to 
which Method, all Ships, and other Vefl'els, ihall 
be meafured, and the feveral Duties of Tonnage there- 
by be computed, and collecSed accordingly. 

If the Lading of any Ship, or other VefTel, which 
fhall be liable to the Payment of the Duties of Ton- 
nage, impofed, and payable by this Adf, according to 
the Burthen of fuch Ship or other Veffel, by Ad- 
meafurement thereof, in manner as before directed, 
fliall confdf partly of Lead, Oyilers, Slates, or Paving 
Stones, (which are exeinpted by this AftiVom the Pay- 
ment of Tonnage) and partly with other Wares and 
Merchandizes, in Refpe£t whereof f;i:hShip or Vef- 
fel will be liable to the Payment of the Duties and Ton- 
nage by this kdi impofed ; in every fuch Cafe, there 
fliall be a Deduftion made from the Tonnage of every 



fuch Ship, or other Veffel, in Proportion to the 
Quantity of fuch Lead, Oyfters, Slates, or Paving 
Stones, contained in every fuch Ship or other Vei- 
fel. 

In all Cafes where Skins or Wool p. 584. 
fhall be imported, fuch Skins or Wools 
fhall pay the Rates of Tonnage by Weight only, and 
not according to the Burthen of fuch Ship, or other 
Veffel, by Admeafurement thereof; and where the 
Lading fhall confifl: partly of Skins or Wool, or of 
both of them, and partly of other Wares and Mer- 
chandizes, in Refped whereof fuch Ship or Veffel 
will be liable to the Payment of the Duties of Ton- 
nage by this hSi impofed, a Dedudfion (hall be made 
from the Tonnage or Burthen of fuch Ship, or other 
Veffel, in Proportion to the Weight of fuch Skins 
or Wool ; and if any Difpute arifes concerning the 
true Weight of fuch Skin or Wool, the Importer 
fhall, at his own Cods and Charges, provide proper 
and convenient Weights, Beams, and Scales, tor 
weighing the fame. 

If the Mafter, or other Perfon, taking Charge 
of any Sloop, Hoy, isfc carrying Goods from, or 
to the City of Chejler, or through any Part of the 
faid Channel, in order to be put on board, or dif- 
charged from any Ship or other Veffel, lying at Park- 
Gate, Flint, or any other Place within the laid Port 
of Chejler, and below the faid new Channel, &c. or 
carrying any Goods from, or to the City of Chejler, 
to, or from any Part of Wales, fhall chufe to pay 
the Duty, and Tonnage, according to the Weight 
and Quantity of the Goods, and not acccording to 
the Burthen of the Sloop, i^e. by the Admeafure- 
ment thereof; and fuch Riafler, bfc. Ihall make 
fuch Declaration, upon entering of 
any fuch Sloop, isic. inwards or out- p. 585. 
wards ; in fuch Cafe, the Duty and 
Tonnage fhall be paid according to the Weight of the 
Goods, and not according to the Burthen of fuch 
Sloop, i^c. by Admeafurement thereof. 

In cafe any Difpute fhall arife between the Col- 
ledor of the Tonnage, payable by this Aft, and the 
Maftcr or other Perfon, having Charge of any Ship, 
or other Veffel, fuch Colle£lor fhall weigh, meafure, 
or gauge all Goods, Wares, or Merchandizes, at 
the Time of the (hipping or unfliipping thereof ; 
and if fuch Goods fhall, upon fuch Weighing, Mea- 
furing, or Gauging, appear to be of as great, or 
greater Quantity, than fuch Colleftor did affirm and 
infift the fame to be, before the Weighing thereof, 
ye. the Mart;:r, ti'c taking Charge of the faid Vef- 
fel fliall pay Se Cods and Charges of fuch Weighing, 
Meafuring^fcf. 

The 



142 



Of PORTS, Mc. 



The fcveral Rates of Tonnage payable by tliis Act, 
fhall be paid by the Maftcrs, or Owners of every 
fuch Ship or VefTe!, before they fliall be cleared in- 
wards or outwards, by any ot ihc Officers of his 
Majerty's Cufioms, at the Port of 
p. 586. Chejhr ; and if any fuch Officer fhall 

clear any Ship, until the Mafter pro- 
duce an Acquittance ; or if any Mafter retufe, or 
negleff to pay the faid Duty, the Offender fhall, 
for every Default, forfeit 20/. to the Company, 
45fr. _ 

The faid ColieSors may go on board any Ship, 
Hoy, is'c. to take the Dimenfions thereof, and to 
demand the Duties payable by this Aft, and for Non- 
payment thereof, or Refufal to let 
p. 587. fuch Officer take the Dimenfions, he 

may diftrain, and after ten Days fell 
theDiftrefs, ^"1-. 

It is provided by the Aft 6 Geo. II. that Nathaniel 
Kinderley, his Heirs, f^c. fhall make a Wet Dock 
for the Ships to lie in j and that there fhall be paid 
to Natha7iiel Kinderlrv, &."c. for every 
p. 588. Shipor Veflcl, loaden within the faid 

Dock, gd. per Ton ; the faid Duty is 
hereby altered to 6d. per Ton, and no more, 

The Term of three Years after compleating the 
faid Works of Navigation being expired, and the 
Truflees of the 10,000/. Depofit, have by Sale of 
Part of the South Sea Annuities (in which the Hiid 
10,000/. was inverted) raifed, and paid all the Mo- 
nies that they have been ordered to be paid by them 
by Virtue of 6 Geo. II. and the Refidue of the fliid 
Depofit, which at prefent confifts of 7180/. 3/. 8^. 
old South Sea Annuity Stock, now remains in the 
Names of the faid Thomas Revel and John Bland, the 
Survivors of the laid Truftees [John Manley being 
dead) it is enafted, that they fhall, on or before the 
25th Day of May, 1744, transfer to the Company 
and their Succeffors, the faid 7 1 80/. 3/. and 8.-/. re- 
maining in their Hands, or Names. 

The Tonnage Duties, arifing by 
p. 589. this Aft, fliall at all Times hereafter 

be liable to anfwer the Damages, 
hi the Aft of 6 Geo. II. mentioned, under the lame 
Regulations, and fubjeft to be levied and applied to 
the fame Ufes, as the Duties of Tonnage impofed by 
the faid Aft, ( and hereby repealed ) were thereby 
made fubjeft to. 

In cafe the Tonnage Duties fhall not be fufficient 
to pay fuch Damages, that then all, andfingular the 
"White Sands, and all other the Premifes, by the faid 
Aft of 6 Geo. II. verted in Nathaniel Kinderlcy, &c. 
jnd by the faid fubfequent Aft of \\Geo. II. in the 



Company, and their Succeffors, are hereby declared ' 
to be fnbjeft to the Payment, or Satisfaftion for all 
fuch Damages, as fhall be direfted to be paid, in 
purfuance of the faid Aft of 6 Geo. II. 

The River being I'ubjeft in dry Seafons to be filted 
up with Sand, fo that at a moderate Spring Tide, it 
may frequently happen that there may not be fixteen 
Feet Water, in every Part of the River, until the faid 
Sands fhall be removed, by the Frefhes coming down 
from the River ; it is therefore enafted, that inrtead 
of fixteen Feet Water, at a moderate Spring Tide, 
the faid Company and their Sncceffors, fhall at all 
Times hereafter, maintain the faid River Dee, from 
the Sea, to Wilcox Point, that on the Computation 
of a moderate Spring Tide, as marked on the Stan- 
dard, there rtiall be fifteen Feet Water, in every 
Part of the Channel, for Ships and Veffels to come 
and go, to, and from the faid City. 

The Mayor, i^c. of the City, fhall 
appoint one proper Perfon, and the p- 590. 

Company another, which Perfons are 
hereby conrtituted the Supervifors of the Navigation 
of the River Dee, and each of them fhall have full 
Power to found the faid River, or any Parts thereof, 
for three fucceffive Tides, as often as they fliall be 
required fo to do by the faid Mayor, l^c. or the faid 
Company, or the Colleftors appointed to receive 
the Tonnage ; and if on any fuch Soundings fb made, 
the Channel of any Part of the River, rtiall appear 
to be choaked up, ib that there would not at a mode- 
rate Spring Tide, (according to the Height marked 
on the Standard) be in the Chnnnel of every Part of 
the River from the Sea to Wilcox Point, fifteen Feet 
Water; and in cafe either of the Supervifors fhall 
make an Affidavit thereof in Writing, before any 
Jurtice of the City or County of Chejicr, defcribing 
the particular Parts of the River, which fhall be too 
fhallow, yr. and if the laid Company fhall, for the 
Space of four Calendar Months, fuffer the faid River 
to continue choaked up, fo that on the Computation 
of a moderate Spring Tide, as marked on the faid 
Standard, there fhall not be fifteen Feet Water in 
the Channel, Wr. as often as the faid Event fiiall hap- 
pen, the P;'yment of the Tonnage Rates fhn'l be fuf- 
pended, and not collefted until the faid Depth of fif- 
teen Feet fhall be regained ; from which Time the 
Tonnage Duties fhall be again revived, and become 
payable as before, and Ib tJies quoties. 

If the Company negleft to cleanfe 
and deepen the River eight Months, p. 591- 

after ihe faid Term of four Months 
fhall be expired, fo that on a Computation of a mo- 
derate Spring Tide, \^c. there rtiall not be fifteen 

Feet 



0/ P O R T 



c. 



Feet Water in the Channel, &c. the Commiflioners 
impowered by the Ad 6 Geo. II. at a Meeting to be 
held for that PurpoCe, of which twenty Days Notice 
fhall be given in the London Gifzette, and by fixing 
Notice in Writing on the Caftle Gate of Chejler, by 
Warrant under their Hands, fhall appoint proper 
Perfons, to enter into and upon the white Sands, 
Lands, (Sc. by this or the former hOa veiled in the 
Company, and to take Pofleffiori thereof, and re- 
ceive the Rents and Profits thereof, and to diflrain 
for the fame, as they fhall fee Occafion, till they 
have received fo much A'loncy as fliall be neceffaiy 
to defray the Charges, occafioned by fuch Diflreis 
or Entry, rcfpeclively, fo as fuch Pofieflion, Receipt 
of Rents, and Powers of Diftrefs, fhall not extend 

to avoid any Leafe, which may here- 
p. 592. after be granted by the Company to 

any Tenant, at the improved Rent, 
without taking any Fine for the fame, or to compel 
fuch Tenant to pay any more than the Arrears of 
Rent really due ; and fo as fuch PoflefTion, Receipt 
of Rents, and Power of Diflrefs, fhall continue no 
longer than until the Depth of fifteen Feet fliall be 
regained : and the Money expended in regaining 
thereof, and the Charges occafioned by fuch Entry, 
PofTeflion, and Diflrefs, fliall be latisfied, and the 
Money fo to be railed and received, fhall be employ- 
ed for thofe ref|)ecUve Purpofes, as the major Part 
of the faid Commiflioners fhall dire£t. 

Provided, that no luch C)rder made by the faid 
Commiflioners fhall be binding, unlefs thirteen at 
Icafl: in Numlicr fhall be prefent at fuch Meeting. 

The faid Supervifors (liall (if required) weekly 
found the River, and fhall make an Affidavit in 
Writing of the Truth of fuch Soundings. 

The Supervifors fliall at the Ex- 
p. 593. pence of the Company, on or before 

the 29th of Stptt-mber, 1744, caufc to 
be erecfed in fuch Parts of the River as they fhall 
think fit, two or more Piles of Timber, or other 
durable Materials, to be therein fixed, fo as the 
Tops thereof iliall be exadly level, with the 
Height of nine Feet above the Apron of the Ten 
Gate aiuice, as. the fame is marked on the Stan- 
dard, which Piles and Standard fh.ill for ever here- 
after be kept in repair, and renewed as Occafion 
(ball require ; and if any Perfons (hall wilfully da- 
mage or deftroy the fame, they fliall for every fuch 
Offence forfeit 200/. isc. 

Two Ferry-Boats fliall at all Times 
p. 599- after May 25, 1744, be conflantly 

kept by the faid Company anil their 
Succeflfors, at their own Expences, at filch Parts of 



the new Channel, as the Ferry-Boats already appoint- 
ed have worked at, fince the making the faid Navi- 
gation, with proper and fufficient Attendance, and 
all fubftantial and efFedual Ropes, Tackle, and Ne- 
ceffaries proper thereunto, for the publickUfe and Be- 
nefit of all his Majefi:y'sSubje6ts, pafling and repafllng 
in thofe Parts ; and the Perfons attending fuch Boats, 
(hall ferry over all PaflTengers when required, without 
being paid any thing for the fame. 

The Commiflioners appointed by the A.Q. 6 Geo. II. 
or any thirteen of them, at any of their Meetings, 
may let out one or more convenient Roads, in any 
Places over the Sands, Soil, and Ground, verted in 
the Company, lying on the North Side of the new 
Channel, within the Extent of the faid Channel, to 
lead to and from the faid two Ferries, or either of 
them, to the faid City of Cbrjhr, and to the Towns 
of Shotivhke and Shough-Hiill, in the Hundred of 
Worral, in the faid County of Chejler; and every 
fuch Road fhall be for ever maintained and repaired 
at the Expence of the Company and their Succef- 
fors. 

If the faid Company and their Suc- 
ceffors fliall negleil to maintain and p. 597. 

repair the faid Roads, or to fupply fuch 
Ferry Boats with fufficient Attendants, bfe. on 
every fuch Negled the faid Commiirioners im- 
powered by the Aft of 6 Geo. II. may aifefs on the 
faid Company fuch reafonable Penalty as they fliall 
think fit, fcfc. 

Ths faid Company aflTemhled in a general Court 
(hall have Power to call in from their Members, pro- 
portionally according to their refpedfive Shares in the 
Capital Stock, any further Sums of Money, as by 
fuch general Court, (hall from Time to Time be 
judged neceflary, not exceeding the Call of Five 
per Cent, already made, purfuant 
to the faid former Aft, in the whole p. 598. 

the Sum of Forty per Cent. And if 
any Members, (Je. who hath or fliall be required to 
pay in Money upon any Calls, &e. (hall negleft to 
pay their Share of the Money fo called for, at the 
Times appointed, by Notice in the London Gazette, 
and on the Royal Exebangc in London, the faid Com- 
pany may not only flop the Share, Dividend and Pro- 
fit, whicli fliall become payable to fuch Members fo 
negledVmg, and apply the fame towards Payment of 
the Share of Money fo called for, till the fame fliall 
be f-uisfied ; but alfo may (lop the Transfers, or 
AlTignments of the Snares of every fuch Defaulter, 
with Intereft ufter the Rate of Eight per Cent, per 
Ann. for the Money, fo by them omitted to be paid, ; 
from the Time the fame was appoiiued to be paid, ' 

until 



T44 

until the Payment thereof; and that the Shares and 
Stock-fhares, and Stocks of fuch Defaulters, fhall 
be liable to make good the Monies fo appointed to be 
y?.]d and Interefl as aforeGtid ; and if the Principal 
and Interefl: fhall be unpaid, by the Space of Three 
Months, then the Company, &c. fhall have Power 
to fell and affign fo much of the faid Stock of fuch De- 
faulter, as will fatisfy the fame, rendering the Over- 
plus (if any be) to the Proprietors ; and the Money 
fo called for and paid in, fball be deemed Capital 
Stock, (fc. 

The faid Joint Stock of the faid 
p. 599. Company, created and eifablifhed, in 

purfuance of this and the former A£t, 
and the Share and Interefl of each particular Mem- 
ber thereof fhall be deemed in all the Courts of Law 
and Equity and elfewhere to be a perfonal Eftate to 
all Intents and Purpofes whatfoever, and not a real 
Eftate ; and fliall go to the Executors or Admini- 
flrators of the Perfons dying poffelTed thereof, inte- 
refled in, or entitled thereunto, and not to the Heirs 
of fuch Perfons ; and the Proprietors of the faid Joint 
Stock, their Executors, &c. fhall be refpeftively 
entitled to all the Benefits and Advantages by the 
firfl recited Adt vefled in Nathaniel Klnderh'y, his 
Heirs, £sV. in Proportion to their refpeQive Interefts 
in the Joint Stock of the faid Company. 

The Method of afTigning, transferring, and ac- 
cepting of any Interefl, in the faid Joint Stock, fhall 
be in the following Form, wz. 

"1 A. B. in Cdnfideration of paid 

■■ to me by C. D. do hereby bargain, fell, ajpgn, and 
transfer to the faid C. D. in 

the yoint Stock of the Compan-^ of Proprietors of the 
Undertaking for Recovering and Preferving the Naviga- 
tion oj the River Dee, to hold to him the faid C. D. 
his Executors, Adminiflrators, and Affigns, fubjefi to 
the Rules, Orders, and By-Laws of the faid Company. 

IVitnefs my Hand, the 
Day of 

I the faid C. D. do hereby accept of the faid 

of the faid Joint Stock, Subjefi to the 
Rjiles, Orders, and By-Laws of the faid Company. 

IVitnefs my Hand, the Day and 2 ear aforefaid. 

Which Transfer and Acceptance fhall be figned 
in the Company's Books, to be kept for that Pur- 



(9/ P O R T S, ^c. 



pofe ; and being witnefTed by one WItnefs to the 
figning thereof, fliall be valid to all Intents and 
Purpofes. 

Nothing in this Afl:, or in the Afts of 6 and 14 
Geo. II. or either of them contained, 
fliall extend to hinder or reflrain Sir p. 600. 
John Glynne, Bart. Lord of the Manor 
oi' Haivarden in the County of Flint, his Heirs, i^c. or 
any other Perfons entitled to Right of Common 
thereon, from enjoying the Lands, Grounds, or Salt 
Majfhes, lying on either Side of the Banks and Fore- 
lands of the new Channel, &'c. 

The new Channel, and the Banks, and Foreland 
on each Side thereof, and the Foreland of the Breadth 
of twenty Feet, next adjoining to the outfide Foot of 
the North Bank of the new Channel, 
and fo much more of the common Salt p. 602. 
R'larflies next adjoining to the faid 
twenty Feet Foreland, as will be necefTary for mak- 
ing a convenient Ditch or Mound, to fence and fepa- 
rale the faid twenty Feet Foreland from the refl of 
the common Salt Marfhes, and the feveral Pieces of 
Marfh Lands, containing three Acres and five Acres, 
fhall be for ever hereafter veiled in the Company, U'c. 
In Confideration whereof, and as a Recompence for 
fuch Part of the Marfh Lands as are hereby vefled in 
the Company, and of all other Damages done to the 
common Salt Marfhes, the faid Company fliall make 
good and keep in Repair the Forelands and Fences of 
the new Cut or Channel, fo as thereby to prevent the 
common Salt Marflies lying within the Manor or Pa- 
rifh of Haivarden, or either Side of the new Cut, from 
being deftroyed or wafhed away, by the Flux or Re- 
flux of Water through the faid new Cut, or through 
the Gutters or other Inlets running through the 
Marfhes ; and in cafe at any Time hereafter, the 
common Salt Marfhes lying on either Side of the new 
Cut, and within the Manor or Parifh of Haivarden, 
or any Part thereof, fhall in any one Year be fo far 
injured or deftroyed by Reafon of the faid Forelands 
not being kept in Repair, or by Reafon of the faid 
Navigation, or of any Works to be made in purfu- 
ance of the faid Ad 6 Geo. II. fo that there fliall be 
thereby, in any one Year the Quantity of fifty Acres 
or more of Land, Part of the faid Salt Marflies, de- 
flroyed, from thenceforth, as often as the faid Event 
fhall happen, any fifteen or more of the Commiffio- 
ners impowered by the faid Aft 6 Geo. II. or their 
Succeffors, who fhall be prefent at any Meeting to be 
held for that Purpofe, of which three Months No- 
tice fhall be given in the London Gazette, and by affix- 
ing Notice in Writing thereof on the Caftle Gate of 

Chcfier, 



0/ P O R T S, &>€. 



(ftejler by Warr:int under their Hands and Seals, to 
allot fuch Quantity of theLands adjoin- 
p. 603. ing to the common Salt Marfhes, by 

the former Afis, or one of them, 
vefted in the Company, as fhall be equal in Value 
to fuch Part of the faid Marflies as fhall have been fo 
■waflied away, by Way of Recompence for the fame ; 
the Lands fo to be alloted to lie as near the common 
SaltMarflnes as conveniently may be ; which Determi- 
nation of the Commiflioners fhall be final, and binding 
to all Parties interefled, unlefs the Company or Lord 
of the Manor of Hatx'arden, or any Perfons having 
Intereft in the faid Marfhes, (hall think themfelves 
thereby aggrieved, and fliall make Application to the 
next Court of great Seffion for the County of Flint, 
to have the Value of theLands determined by a Jury; 
in which Cafe, the Juflices of the faid Court of great 
SefTion fliall caufc the Value of the Landfo deftroyed, 
and of the Lands to be given in lieu thereof, to be 
fettled, afleffed, decreed, and afcertained by the 
fame Rules and Methods, by which by the hSi 6 Geo. 
II. they areimpowered and dire6ted to fettle the Da- 
mage therein mentioned ; and fuch Determination of 
the Juftices of the faid great SefTion (hall not be re- 
moved but binding and conclufive to all Intents and 
Purpofes, y^. and the Lands fo decreed, in lieu for 
fuch Part of the faid common Salt Marfhes, which 
fhall by the Means aforefaid be deftroyed, (hall for 
ever thereafter be the Property and Inheritance of, 
and be enjoyed by the fame Perfons and their Heirs, 
who were before entitled to a Right of Common in 
the faid Salt Marfhes, under the like Limitations, 
and with the like Advantage as they might have held 
the faid Marfhes in cafe they had not been deftroyed ; 
and according to their refpeSive Eftates therein, dif- 
charged from the Rights of Entry and Diftrefs of any 
other Perfon whatfoever ; but the fame (hail not 
avoid any Leafe which may be hereafter really grant- 
ed by the Company to any Tenant or 
p. 604. Occupier of any Part of the faid 

Lands, for any Term of Years not ex- 
ceeding twenty-one, at the improved Rent, without 
taking any Fine, or to compel fuch Tenant to pay 
any more than the Rent referved on fuch Leafe ; 
and if the common Salt Marlhes, which, by the 
Means aforefaid (hall in any one Year be deftroyed, 
fhall not exceed fifty Acres, the Commiflioners ap- 
pointed by the faid AQ. of 6 Geo. I!, or any Jury to 
be appointed in purfuance of the faid A&., fhall de- 
cree what Recompence (hall be paid by the Com- 
pany, or their SuccefTors, which Recompence (hall 
be paid to the Lord of the Manor of Hatvardeu, for 
the Time being, the Redor of the Pariih of Hawar. 



den, for the Time being, and to Thomas Powis, &c. 
and fhall be by them applied for the Ufe of the Lord 
of the faid Manor, and the Perfons having a Right of 
Common in the common Salt Marflies, lying with- 
in the faid Manor of Haiuarden, as the faid Com- 
miflioners, ^c. with the Confent of the Lord of the 
faid Manor, y^. fhall direft or appoint; which Da- 
mages the Lord of the faid Manor is hereby im- 
powered to claim and make out accordingly; and if 
the Company or the Lord of the Manor iliall be dif- 
fatisfied with the Determination of the Coinmiffioners, 
they are hereby refpedively impowered to 
apply to the Juftices at the next great Seihuns p. 605. 
to be held for the County oi Flint, &rc. 

The Company fhall keep five Ways, of the Breadth 
of twenty Feet each, and at the Diftance of one Mile, 
or thereabouts, from each other, over the Ditch or 
Mound which is intended to fence the Bank and Fore- 
lands on the North Side of the River, from the reft 
of the Salt Marfties, for the Cattle feeding on the 
Salt Marfhes on the North Side of the Channel, to 
go to and from the faid Channel to Water. 

A Survey of the Marfti Lands on the South Part of 
the new Cut, and of the Gutters and other Recep- 
tacles of Water therein, fhall, on or before Sept. 29, 
1744, be taken by two Surveyors, one to be appoint- 
ed by the Company, and the other by the Lord of the 
Manor o( Ha'juarden, who (hall truly furvey and ad- 
meafure the fame, and make an exatt Plan thereof, 
diftinguilhing what Parts thereof are firm Land, and 
what are Gutters orwafte Lands; and the Surveyors 
(liall within one Month after Sept. 29, tranfmit an at- 
tefted Copy of fuch Plan, under their Hands, to the 
Clerk of the Peace of the County of 
Chejler, to be kept among the Records p. 606. 

of the faid County, to which all Perfons 
may have Kscovivie. gratis, &c. 

If any of the faid Gutters or wafte Lands to be dc- 
fcribed in the Survey, fhall hereafter be filled up, and 
become firm Land and gralTed over, it fliall be fet 
againft the like Quantity of the Mar(h Lands which 
fhall be waflied away ; and the faid Company fliall be 
obliged to make a Recompence only for the Refidue of 
the faid Marfli Lands which may be deftroyed as afore- 
faid. 

It ftiall not be lawful for the Company, or their un- 
der Tenants, Wf. at any Time hereafter, to build 
Cottages on the faid Pieces of Marlh Land, contain- 
ing three Acres, and five Acres, or on the Banks or 
Forelands on either Side of the new Cut, or on the 
Foreland, of twenty Feet in Breadth, herein before 
declared to be vefted in the Company, without the 
Licence of the Lord of the Manor within which the 
U fame 



j^6 



Of F O R T S, 



fame fliall lie, firfi: obtained in Writing under his 
Hand and Seal ; and the laid Company, ijfc. fhall not 
have any Right of Common on the faid common Salt 
Marflies, as Appendant to the Soil of the new Cut, or 
the Banks or Forelands thereof, ts'r. 

This A6i fhall not extend to prejudice the Proprie- 
tors of any Royalties and Liberties of Filhing and 
Fowling upon the River, Wc. 

Nothing herein, or in the faid Aft of 6 Geo. II. con- 
tained, fhall extend to hinder Sir Jobn 
p. 607. Glyimc, Owner of the Caftle and Ma- 

nor of Hazvarden, or his Heirs, from 
enjoying all fuch Rights and Privileges, Royalties and 
Jurifdiflions, as he or his Anceflors might have done 
in cafe this or the faid former AQt had never been 
made ; fo that fuch Rights, i^c do not infringe on the 
Rights and Powers given the Undertakers by the faid 
Ads. 

Nothing in this A6t fhall afFed any Right or Pro- 
perty that John Thecdam, of the Inner Temple, London, 
Gent, his Heirs, l£c. hath or have to the White Sands, 
Lands and Hereditaments in the former hOi of 6 Geo. 
II. mentioned ; but the faid Right, i^c. fhall remain to 
him, his Heirs, i^c. for ever, as if this A£t had never 
been made. 

No Perfon fhall hang any Net or other Engine in, 
over, or acrofs the Channel of the faid River, or fix 
any Stakes in the f:ime, or on the Banks thereof, to 
the Prejudice of the Channel, or Hindrance of the 
Navigation. 

Nothing in this Aft contained fhall 
p. 608. t.ake away or letTen the Powers gi- 

ven by the faid A£t of 6 Geo. II. to 
the Commiflioners appointed in purfuance of the 
faid A<El ; but that they fhall have the fame Powers 
and Authorities as they had before the making this 
-A6t; and all other Claufes and Things in the faid 
^A6ls of 6 and \\Geo. II. which are not hereby repeal- 
- ed or varied, are ratified and confirmed. 

All Actions and Suits at any Time heretofore com- 
menced or profecuted in any Courts 
p. 609. of Law or Equity, between the Mayor 

and Citizens of the faid City, and the 
Company, or between any of the Merchants or 
Traders of the City or other Perfons, and the faid 
Company, relating to any of the Matters atorefaid, 

■ and depending at the Time of paifing this A£t, fhall 
immediately ceafe and be difcontinued ; and no Ac- 

■ tions or Suits fhall be hereafter commenced or carri- 
^ W on by the Com.pany againfl: the Mayor and Citi- 
^ieris of the faid City in refpeQ: of the Uleor Occu- 
"'pation, or of the Renti and Profits of fuch Part of 

-^tKe Roodee, as by the faid MX of 6 Geo. II. was veftej 



in Nathaniel Kinderley, his Heirs, l^c. antecedent to 
the faid 25 th Day of May, 1744, or againfl any of 
the Merchants or Traders of the City of Cbejier, ot 
any Perfons, on Account of any Sums of Money due 
for any of the Duties or Tonnage made payable by 
the faid recited Ad: of 6 Geo. II. and hereby repeal- 
ed as aforefaid, or upon any Security given for the 
fame. 

All ASions commenced for anything done in pur- 
fuance of this Aft, fhall be brought 
within twelve Months after the Fa£t p. 610. 

committed, and laid in the County 
where the Caufe of Aflion fhall arife, &c. 

This Att fhall be deemed a publick A£t, &c. 

LOYNE Of LUNE, and LANCASTER. 

The Preamble fets forth. That the Town oi Lan- 
cajler in the County Palatine of Lan- 
cafler, from its great and extenfive 23 Geo. II. 
Commerce to the Wejl-Indies, and P- 259. 
other foreign Parts, is now become a 
very confiderable Port ; and has for fome time paft 
employed and maintained great Numbers of Ships 
and Mariners, to the great Advancement of the Re- 
venue, and the Improvement of the Trade and Na- 
vigation of this Kingdom : And that the Navigation 
of the River Loyne (otherwife called Liine) is become 
very difficult and dangerous; and that the only Place 
near the Town, where Ships can be moored and dif- 
charged, is, by Reafon of the Shoals and other Ob- 
flruftions in the Soil of the River, become very unfit 
and unfafe for that Purpofe; infomuch that many 
Ships and Veffels ftationed there have been overfet 
and damaged : And it is conceived to be highly ne- 
ceffary for the Benefit and Improvement of the faid 
Navigation, that a Quay or Wharf, with other Con- 
veniencies, fhould be built on the South Wefl Side 
of the River, and that Buoys fhould be placed at the 
Entrance into, and in other Parts of the River, and 
Land Marks ereffed for diredfing of Ships ; and that 
a Place of Safety ihould be made for the Harbouring 
and Protedlion of the Shipping near the Mouth of the 
River : And that the Rev. James Fenton, L. L. D. Vi- 
car of the Parifh Church of Laneajier, is, in Right 
thereof, feized ot divers Parcels of Land and Ground, 
which are commodioufly fituated for the Purpofes 
aforefaid ; and that the Right Rev. Samuel Lord Bi- 
fliop of Cy,^cr, the Ordinary, Edztjard Marton, Efq; 
Patron of the Advowfon of the Vicarage of the faid 
Church, and the faid James Fenton, the prefent In- 
cumbent, have refpeftively agreed, that the faid Par- 
cels of Ground ihall be difpofed of, for the Purpofes 

herein 



0/ P O R T S, &c. 



herein after mentioned, fubjefl: to the Rents, Refer- 
vationjp, and ReftriSions herein after expreffed : 
Wherefore, for promoting and carrying on aDefign 
^Q beneficial, ;'/ // enabled, that all that Parcel of Land, 
being Part of a certain Clofe, called the Bridge-Field, 
belonging to the Chuvch. oi Lancajler, 
p. 261. and containing three Roods, and thir- 

ty two Perches; and alfo all that Par- 
cel of Land, being Part of another Clofe, called the 
Hay-Field, belonging alfo to the faid Church, and 
containing thirty-two Perches; and alfo all that Par- 
cel of Land called the Summer Piijltire, belonging alfo 
to the faid Church, and containing about three Acres, 
five Roods, and thirty-two Perches, fituate and con- 
tiguous to the South Weil; Side of the River Loyne, 
with their Rights, Members, and Appurtenances, 
fhall, from and after 28 April, 1750, be vefted in 
Abraham Rawlirtfon, William Butterfcld, and John 
Bowc/jMerchants of La>ira/?er,their Heirs, and Afligni, 
abfolutely difcharged of all Claims, f5V. from the faid 
James Fenton,iind his Succeffors, Vicars of the faid Parifh 

.Church, forever; to the Ufes and Purpofes herein after 
mentioned, viz. to the Intent that the faid fumes Feiiton 
and his Succeffors, Vicars of the faid Church, fhall enjoy 
out of the fame Premiffes the annual Rent of 14/. 14/. 
free of all DeduSions whatfoever, by four Quarterly 
Payments, to be made on Miy i, Augujl i, November i , 
and February i, in every Year, for ever; the 
firft Payment to be made on May i, 
P" ^ 1750- And if the faid annual Sum 

fhall be unpaid for twenty Days after any of the 
Times before limited for Payment thereof, the faid 
Vicar, and his Succeffors, may enter and diflrain 
upon the Premiffes, and make Sale of the Diftrefs, 
and receive the Iffues 'till the faid Rent, and all Ar- 
rears, with the Cofts and Charges, and all Damages 
be fully paid. 

The'Parcels of Land beforementioned and defcrib- 

.ed fliall go to the Ule of the faid Abraham Raivliiifon, 

William Butterfield, and JohnBozves, their Heirs, &e. 
in Truft, that the fame may be employed as a Quay 
t)r Wharf, and for fuch other Purpofes and under 

'fuch Dire£tions, as are herein after prefcribed. 

When any of the Truftees, in 
p. 263. whom the Lands are vcfled, (hall die, 

the Commiflioners and Truftees ap- 
pointed for the other Purpofes of this A6):, are to no- 
minate another, ^c. ■ ■ ■ 

The Commiilioners and Trjiftees appointed for the 
Purpofes herein after mi.ntioned, are to caufe the 
Parcels of Ground aforefaid to be divided from the 
other Parts of the Vicarage Lands by a good and fuf- 
ficient Stone Wall, two Yards hjgh above the Ground 

Jiext the Church, to be built with I,ime andSahd, 



f47 

and to extend from a Stile, to be in like manner biiilt 
and made at their Expence at the End of a Garden 
Wall (adjoining to the Town of Lancajler) now be- 
longing to Mary Mafon Widow, through and over 
the Bridge-Field and FLiy-Field, to the Fence that di- 
vides the Hay-Field t'rom the Summer Pajlure; and they 
are to keep up and repair (as often as Occafion re- 
quires) the faid Fence, Wall, and Stile, and all the 
Hedges, Ditches, Mounds, and Fences, feparatine 
the Lands fettled by this Aft from the reft of the Vi- 
carage Lands, fo as to prevent anyTrefpaffes or Da- 
mages to be done to the faid Vicar or his Succeffors* 
and they are alfo to caufe a fufficient watering Place, 
or Refervoir of Water to be made in fuch convenient 
Part in the kid Bridge-Field (not fettled by this A6t) as 
the -faid fames Fenton fhall appoint for watering 
the Cattle, depafturing in the Vicarage Lands ; and 
in cafe of any Overflow thereof, the 
Waters are to be turned into the River p. 264. 
Loyne, at their Expence, upon Appli- 
cation made to any of them for tliat Purpofe, fo as to 
prevent any Damage to be done to the faid Lands; 
and upon their Refufal or Negledfo to do, the Vicar 
and his Succeffors may turn off the faid Water or 
Watering Place into tlie River, by fuch Ways and in 
fuch Manner as he fhall think proper. 

The Occupiers of fuch Parts of the Vicarage Lands 
as are not fettled by this Aft, ihail have the Liberty 
of taking Sand all along the Clofe called the Summer 
Pajlure, betwixt the Banks thereof, and the Lov/- 
W^ater Mark in the River L^j/rf, in order to cultivate 
the faid Lands, with free Liberty of Ingrefs and Re- 
grefs for that Purpofe ; and of driving their Cattle, 
depafturing in the Vicarage Lands, over the Summer 
Pajlure, to Water; the Ways for thefe Purpofes to 
be appointed by the Commiffioners and Truftees, and 
by the Vicar ; and upon their Refufal or Negleft to 
comply therewith, the Vicar may appoint fuch Ways 
for the Purpofes above, as he fhall think proper, and 
he and his Tenants may make Ule thereof; and the 
Vicar (until the Divifion-Wall above defcribed is 
built and finiihed) is to have the Herbage of fuch 
Parts of the faid Bridge-Field and Hay-Field, as are 
abovementioned, and intended to be 
allotted to the Quay, and no Doors p. 265. 

or Ways are to be opened through the 
Divifion-Wall or Fence, without the Licence of the 
Vicar for the Time being. 

The Mayor of Lancafler for the Time being, Fran- 
cis Reynolds, Edivard Morton, Efqs; l^e. are appoint- 
ed Cominidioners and Truftees for executing the 
Powers and Purpofes of this Ad:, until the firft IVed- 
nejday in May, 1755, ^'"• 

U 2 Such 



148 



Of PORTS, ^c. 



Such Merchants or other Perfons as (hall in his or 
their own Right for the Time being, be pofleffed of 
a Sixteenth, or other greater Part of any Veffei of 
the Burden of fifty Tons or upwards, 
p. 266. then aiElually belonging to the Town 

or Port of Lancajler, are impowered 
to meet at the Exchange on the firft Wednefday in 
May, 1755, and fo on every firfl: Wednefday in the 
faid Month in every third Year for ever, and nomi- 
nate fixteen fubftantial Inhabitants of the Town, to 
be joined with the Mayor for the Time being, to be 
Commiffioners and Truftees for building a Quay or 
Wharf, with all other neceffary Works and Conve- 
niencies upon the Premiffes fettled by this Aft, and 
for letting or otherwife difpofing of the fame for the 
Advantage of the faid Navigation ; and for making 
Places of Security by ereding Piers or Moles at the 
Mouth of the River for the Prefervation of the Ship- 
ping; and fordoing all Matters and 
p. 267. Things which they fhail think requi- 

fite for improving the Navigation of 
the faid River Loyne, and for the other Purpofes of 
this Aft. 

From and after the 30th oi April, 1750, there fliall 
be paid unto the CommilTioners and Truftees, or 
their Colledors, for the Term of twenty-one Years, 
for every Veffei coming into, or going out of the 
River Loyne, between Lancajler-Eridge and the Penh 
at Cocker/and- Abbey (Ships of War, and other Veffels 
in his Majefty's Service, and Ships driven in by 
Strefs of Weatlier, and not lading or unlading with- 
in the Port, and Ships laden with Coal or other 
Fuel only excepted) the feveral Duties of Tonnage 
following, I'/z. 

For every Ship or Veffei coming 

p. 278. into, or going out of the Port of 

A'^. B. The Lancajler, and trading to or from any 

Reafonojthis Port or Place in Europe, within the 

Strcights or Mediterranean Sea, or in 

Ajrica, America, or Greenland, j/. for 

was put in a ^^^'"^ '^*'" ''^ '^^ ^"'■'hen of fuch 

Schedule after ^^f 

the Aft. ^°'" svery Ship or Veffei, commg 

into, or going out of the faid Port, and 
trading to or from any foreign Port or Place in Eu- 
rcpe, (except Ireland, the Ijle of Man, and the Streights, 
or Mediterranean Sea) 8d. for every Ton of the Burthen 
of fuch Ship. 

For every Ship, Veffei, Bark, or Lighter, coming 
into, or going out of the faid Port, and trading to or 
from any Port or Place in Great Britain, fituate 
South oi'Holy-Head, or North of the Mull of Galloway, 
6d. for every Ton of the Burthen of fuch Ship or 
Veffei ^ 



advanced 
Number is 
becaufe this 



For every Ship, Veffei, Bark, or Lighter, coming 
into, or going out of the faid Port, and trading to or 
from any Port or Place in Ireland, or the Ijle of Man, 
^d. for every Ton of the Burthen of fuch Ship or 
Veffei. 

For every Ship, Veffei, Bark, or Lighter, coming 
into, or going out of the faid Port, and trading to 
or from any Port or Place in Great Britain, North of 
Holy-Head, or South of the Mull of Gallovjuy, 2d. for 
every Ton of the Burthen of fuch Ship or Veffei. 

And for every Ship, Veffei, Bark, or Lighter, 
coming in Ballaft into the faid River Loync, and not 
lading or unlading within the faid Port, for every 
Ton one fourth Part of the Rates charged on any Ship 
or Veffei of the fame Burthen. 

The Duties are to be paid at fuch Time and Place 
as the Commiffioners and Truftees fhall appoint ; but 
no Veffei is liable to pay the Duties inwards and out- 
wards for the fame Voyage. 

All Veffels fubjed to the Payment of the faid Du- 
ties are to be meafured according to the Rules of Ad- 
meafurement laid down in the A6fof 6 G^o. I. intitled, 
An Ail far preventing Frauds andAbufes in the - , 

public Revenues ofExcife, Cufloms, Sec. and the "' 
Duties of Tonnage are to be computed accordingly. 

After the Expiration of the Term of twenty-one 
Years, one Moiety of the faid Duties is to ceafe ; and 
the other Moiety is to be continued, and paid in the 
Manner aforefaid, for keeping the Quay and other 
Works in Repair. 

No Officer of the Cufloms of the Port of Lan- 
cajler, fhall clear any Veffei until the 
Mafter produce a Certificate of the p. 269; 
Payment of the Duties of this A61, isfc. 

The Commiffioners and Truftees are impowered ta 
make By-Laws, U'c. and to contraft bona fide, for 
building the Quay, ISc. 

The Commiffioners, l^c. are impowered to bor- 
row a Sum not exceeding 2000/. on the Duties, at 
5 per Cent, per Ann. wherewith to make the new in- 
tended Quay, i^c. 

The Colle£fors are impowered to go on board any 
Veffei to meafure her, and demand the Duties, and for 
Nonpayment, &ff. may diftrain, and after ten Days - 
fell the Diftrefs, ^c. 

All Perfons who fliall have anyBu- 
finefs to tranfa£t upon the faid Quay p. 272. 

or Wharf, in the Mercantile Way, 
or otherwife, and for the Benefit of loading and 
unloading Veffels on the South Weft Side of the Ri- 
ver Loyne, may pafs and repafs freely through the 
Cuftomhoufe Yard with Carriages, and otherwife, to 
and from the faid Quay, as need fhall require. 

The 



Of PORTS, &c. 



The Commiflloners, l^c for the Unloading any 
VefTel that may come on Ground on' the Scale Ford, 
or on the Shoals thereabouts, may open a Road out 
of the Summer Pajturc aforefaid, over Lancajier March, 
over which all Perfons in the Mercantile Way, may 
pafs and repafs with Carriages, as Occafion fliall re- 
quire, to and from the Qusy at Lancajier. 

TheCommifTioners, ^c. may agree 
p. 273. for the Purchafe of the Weigh-houfe, 

(landing in the Cuftomhoufe Yard, 
•with the Appurtenances ; and ufe the Site and Soil 
thereof, for the making the newQiiay aforefaid, and 
difpofe of the Materials for fuch Purpofes as they 
Ihall think requifite. 

The Commiflloners, l^c may contraft for the 
Purchafe of any Lands, Tenements, and Heredita- 
ments, which fliall be adjudged neceflary and conve- 
nient for the Purpofes aforefaid, i£c. And this Aft 
fhall be deemed a publick hSi, is'c 

SOUTHWOULD. 

The Preamble fets forth, that there had been for 

Time immemorial, a Sea Port or Har- 
p 431. hour for Shipping at Southtvould, in 

the County of Suffdk, which is fitu- 
ated very conveniently, not only for the Prefervation 
of Veffels navigating in xhe. Britijh Seas, but alfo for 
the Importation and Exportation of many ufeful Com- 
modities, and for the Benefit of Trade in general; 
but that the Road lying before the faid Port is fo ob- 
ftrufled with Sand, as to prevent loaded VefTels (ex- 
cept fuch as are of a very fmall Burden) from pafiRng 
into, or out of the Harbour; to the End therefore 
the faid Harbour may be opened, and made commo- 
dious for Shipping, and be of public Utility to the 
Trade and Commerce of this Kingdom, It is enabled, 
that from the 25th o( March, 1747, fo*" the Term of 

twenty-one Years, and from thence to 
p. 432. the End of the then next SelTion of 

Parliament, there flial! be paid unto 
the Commiflloners, and Truftees for the Purpofes of 
this Act, or to fuch Perfon as feven of them fliall 
appoint, under their Hands and Seals, the Rates and 
Duties herein after mentioned, for and towards the 
Opening, Cleanfmg, Scouring, Widening, Depthen- 
ing. Repairing, and Improving, Wf. the faid Har- 
bour, viz. 

For every Englifl Ship or Veflel, which fliall fail 
into the faid Harbour, and fhall neither load nor un- 
load there, the Sum of id. iq. per Ton, accordine; to 
their light Bills. 



149 

For every Chaldron of Coals, Culm, and Cinders, 
exported or imported, laid on board of, or landed or 
dilcharged out of, any Englijh Vefl'el in the Port of 
South-would, the Sum of I /. 

For every Laft of Wheat, Rye, Barley, Malt, 
Oats, and other Grain, exported, or imported, i^c. 
in any Englijh Veflel, the Sum of i/. 

For every Ton of Rock Salt, exported or im- 
ported, yr; in any Englijh Veflel, the Sum of u. 

For every Hogfliead of Wine, Brandy, Rum, or 
other Spirituous Liquor, exported or imported, ts'r. 
in any Englijh Veflel, the Sum of is. 

For every Ton of Chalk, imported there to be 
burnt irrto Lime, for any other Purpofe than that of 
manuring the Land, the Sum of id. 

For every Firkin of Butter, and for every Weigh 
of Cheefe exported or imported, the Sum of id. 

For everyTonof Grocery Wares, and other Goods, 
Wares, and Merchandizes (Fifli, Butter, and Cheefe, 
only excepted) exported or imported, ijfc. in any Eng- 
lijb VeflTel, the Sum of \s. 6d. 

For every Ton of I^ead exported or imported, fa'c 
in any EngliJJj VeflTel, the Sum of is. 

For every greater or lefs Quantity of any of the 
faid Goods orMerchandizes than what 
are before mentioned, proportionably p. 433. 
to the Prices herein before fet. 

For every foreign VeflTel which fliall fail into the 
faid Harbour, and fliall not load nor unload there, 
and for all Goods, Wares, and Merchandizes, which 
fhall be exported or imported, laid on board of, or 
difcharged from out of any fuch Vefl!el in the faid Port, 
double the Duties herein before laid. 

Which Sums fliall be paid at the landing or fhip- 
ping off the faid Commodities, and in Default there- 
of, the ColleSor of the faid Duties may go on board 
and diftrain fuch Vefliel, with her Tackle and Furni- 
ture, or the Goods, and Merchandizes, or any Part 
thereof, and make Sale of the fame, and no Cu- 
ftom-houfe Oflicer fhall clear any Veflel, till the 
Mafter produces a Certificate of having paid the Du- 
ties, is'c. 

The Monies collefled (after deducing the Expences 
of obtaining this Ad) fliall be employed for the Open- 
ing, Cleanfing, Scouring, is'c of the faid Haven 
and Harbour, and for opening any Ri- 
vers or Creeks for letting in Streams p. 434. 
of Water to drive the Sand or other 
Obftrudions out of the Harbour, and for keeping it 
open, clear, and in good Repair; and fliall not be di- 
verted 'n any other Ufe, except the Charge of Collec- 
ting the fame, which fliall not exceed 6d. in the Pound. 

In 



0/ P O R T S, afc. 



111 order to raife Money fufficlent for the fpeedy 

clcanfing, t^e. the faid Haven, and Harbour, the 

Majority of the Truftees may mort- 

P- 435- g'-*?^ fhe Profits ariflng by the Duties, 

for fuch Sums as they fhall borrow for 
thst Purpofe, ^c. 

The Baihffs of the Borough of Soiithwould, for 
-the Time being, and Sir John Rous, Sir Claries Bhis, 
Sir Rfibert Kemp, Baronets, Wr. fliall be Commif- 
fioners and Truftees for the Execution of this A6t. 

This Aaihall be deemed a public Ad, i^c. 



BURRO WSTOUNNESS. 



1 7 Ge(). II. p. The Toxvn of Burrowjlounnefs, ip 

.439- the County oi' Li nl/thgozu in Scotland, 

is very \v^ll fituated for carrying on 
-foreign and coafling Trade, for the Benefit of the 
Country thereabouts in general, and of the faid 
Town in particular^ there being many Coal and Salt 
Works very near, nut thefe Advantages cannot be 
•obtained unlefs the Harbour (which is now in a ruin- 
ous Condition) be efFedtually repaired and made com- 
modious for all fuch Perfons as (hall make ufe of the 
fame, which will require a very confiderable Sum of 
Money, and the Town hath no Revenue to anfwer 
the Expence thereof : It is therefore. enac^lcd, that af- 
ter the firfl: 'Dsij oi June, 1744, for 
p. 440. the Term of twenty-five Years, and 

to the End of the then next Seflion of 
Parliament, there ihall be laid a Duty of two Pen- 
nies Scots, or one fixth Part of a Penny Sterling 
(over and above the Duty of Excife, payable to his 
Majefty, i^c) upon every Scots Pint of Ale and 
Beer, that fhall be brewed, brought in, tapped, or 
fold within the faid Town of Burrozvflounnefs or the 
Liberties tJiereof; and that the faid Duty fhall be 
made payable by the Brewers for Sale, or Sellers of 
all fuch Ale and Beer, to James Main, James Cajlles, 
William Miiir, &rc. who are hereby appointed Trui- 
tees for deepening, rebuilding, and improving the 
faid Harbour and Piers, and alfo for putting in Exe- 
ecution all other the Powers by this Aft given ; and 
the Money fo to be cclledfed, fhall be vefted in the 
faid Truftees and the Survivors of them ; and fhall 
be applied to the fcveral Purpofes aforefaid, the rea- 
fonable Charges of palFing this prefent Adt being firft 
dedu£ted. 

The Truftees have a Power to mortgage the Du- 
ties for raifing of Money, iSc. 



ELLENFOOT. 

The Preamble fets forth, that the 22 Geo. II. p. 
Harbour of Elhnfoot, in the County of 203. 
Cumberland, tho' fituated very conve- 
niently for the Coal Trade carried on in that County, 
is not, in its prefent Condition, capable of receiving 
and harbouring \'enels fufficient for that Purpofe; 
but in cafe a new Pier and other Works were erect- 
ed, it might be made a proper and fufficient Harbour 
for the Reception and Safeguard of VefTels navigat- 
ing in thofe Seas; which would not only be a Means 
of extending the faid Coal Trade, but would contri- 
bute alfo to the Increafe of his Majefty's Cuftoms, and 
the Improvement of Trade and Navi- 
_gation in general ; but as a fufficient p. 204. 

Sum of iVIoney cannot be raifed to de- 
fray the Expences thereof, without the Aid and Au- 
thority of Parliament ; 

It is enaBed, that frorrijand after the 25th oi March, 
1749, during the leim of twenty-one Years, there 
fhall be paid to the CommilTioners and Truftees here- 
in after named, their ColIe£lors or Deputies, viz. 
Humphrey Sinhoufe, Efq; and the Lord of the {Vr3ri9r 
of Ellenborough for the Time being. Sir Charles Wind~ 
ham, &c. for and towards the amending, enlarging, 
deepening, and cleanfing the faid Har- 
bour, and erefling a Pier, and other p. 205. 
proper Works, and maintaining and 
repairing the fame, the Rates and Duties following, 
iH-z.. By every Proprietor of Coals, his, her, or thqir 
principal Servant or Agent, employed in fliipping any 
Coals on board any \'eflel in the faid Harbour, a</. 
for every 192 Gallons, to be paid wichin ten Days af- 
ter fuch Coals are fhipped ; and alio by every Maf- 
ter of any Ship that fhall load or take any Coals on 
board there, id. for every 152 Gallons; and from 
and after the Expiration of the faid Term of twenty- 
one Years, \d. for every 192 Gallons of Coals tli^at 
ftiall be fhipped there, to be paid by the Mafterof the 
VefiTel ; the faid refpetiive Sums of zd. for twenty- 
one Years, and \d. afterwards, for fo long time ,as 
the iiiid Harbour, and other Works provided for by 
this A£t, fhall be kept up in good Repair, fo be paid 
by the Mafter of the Veftel upon reafonable De- 
mand, after fhipping the. faid Coals, and .before fueh 
Ship go out of the Harbour, or proceed onhefniT^'- 
age. •' 

From and after the 25th of March, 1749, during 
Xhe Term of twenty-one Years, the Mafter, '<^c. pi 
any Veflel not taking on board a Loadirig of Co?ls 

fliall 



Of PORTS, 



(hall pay 6d. per Ton, according to her Tonnage, 
for fuch Ship on her Arrival in the faid Harbour, from 
Great-Britain or Irehwd, or the Ifle of Man, the Ton- 
nage to be afcertained in the Manner defcribed by 
an A£t of 5 and 6 IVi/l. and M^r. intitled, J;i Af 
for granting to their Majejlies, feveral Rates and Du- 
ties upon Tonnage of Ships and Veffels, and upon Beer, 
Ale, and other Liquors, for fecuring certain Recom- 
pences and Advantages in the faid Afi mentioned, &rc. 

Four Pence /liT Ton fhall be paid by 
p. 206. the Mafter for every Veird which dur- 

ing the Term aforefaid (hall be driven 
by Strefs of Weather into the Harbour of £//(77/00^, or 
fhall come there for Security or Prefervation, and 
fhall not take in a Loading of Coals ; and after the 
Expiration of the faid Term of twenty-one Years, 
one third Part of the Duties rated upon the Ton- 
nage of Ships, fhall be paid in manner aforefaid, for 
fo long Time as the Harbour and other Works fhall 
be kept in good Repair. 

The Monies received fhall be ap- 
p. 207. plied toward amending, enlarging, 

deepening, and cleanfing the faid Har- 
bour, and keeping the fame, and the Pier, and other 
Works, continually in good Repair ; and fhall not 
be employed to any other Ufe, lie. 

If the Duties payable by the Pro- 
p. 208. prietors, who fhall fliip any Coals a- 

board any Veffels at Ellenfoot, fhall 
not be paid within ten Days after fhipping thereof, 
the Collector, by Warrant from two or more Com- 
miffioners, may diftrain all fuch Coals, ^c. and fell 
them in three Days, deducting the Duties, He. 

If the Colleaor and the Mafter of any Veffel 
charged with the faid Duties, cannot agree about and 
adjuft the Tonnage, the Collector 
p. 209. may at all Times convenient and fea- 

fonable enter into and admeafure fuch 
Ship, according to the Diredions of the A6t before 
referred to, which Admeafurement fhall be the Rule 
to charge the fiiid VelTel then and at all Times af- 
terwards ; and if any Mafter taking in Coals as a- 
forefaid, fhall not upon reafonable Demand pay the 
Duty; and if any Mafter of a Veftcl, chargeable ac- 
cording to the Tonnage thereof, fhall not upon like 
Demand, after the faid Tonnage is agreed unto of 
afcertained, pay the Duty, the CoUeSor may diftrain 
any Tackle, Apparel, or Furniture, in, upon, or be- 
longing to, fuch VefTcI, and fell the fame within 
three Days, deduding the Duties, and Ch_arges, iic 
No Officer whalfoever of his Ma- 
p. 210. jefty's Cuftoms, fhall clear any Veffel 

until the Mafter produce a Certificate 
of having paid the Duties, iic. 



The Commiflioners, or feven of them, may Con- 
trad with any Workmen, ^r. bona fide, for doing all 
other Part of the Work, and are im- 
powered to appoint the Place for build- p. 211. 

ing the Pier, and enlarging the Har- 
bour upon fuch Ground adjoining to the River Ellen, 
on the South-weft Side nigh Ellenfoot, as they fhall 
think moft convenient and neceffary, i^c. 

For the more fpeedy completing the faid Works, 
the Commiflioners, or feven of them, are impower- 
ed to borrow at 5 per Cent. Intereft, any Sum not 
exceeding 2000/. Sterling, and to afhgn over the Du- 
ties by Indenture under the Hands and Seals of nine 
of them, as a Security for Repayment of the Priftci-J 
pal and Intereft. 

The Money fo borrowed fhall be applied by the 
Commiflioners, in the firft Place, for difcharging fo 
much of the Expences attending the obtaining and 
parting this Adt, as the M'oney fub- 
fcribed and to be paid for obtaining an P- 212. 

h& for the amending and repairing 
the faid Pier and Harbour, fhall be deficient; and 
afterwards for the enlarging, eredfing, and repair- 
ing, ^c. the faid Pier and Harbour of Ellenfoot. 

If the Duties oi zd. for every 192 Gallons of Coals, 
to be paid by the Proprietors, and by the Mafters of 
Ships, and alfo the Duties upon Tonnage, refpec- 
tively granted for twenty-one Years, fhall raife the 
principal Money and Intereft provided for, and to be 
borrowed on the Credit of this A6t, and alfo the 
Charges of colieffing the faid Duties, before the End 
of the Term of twenty-one Years, then the faid fe- 
veral Duties fhall ceafe, and from thenceforth, or 
from the Expiration of the faid Term of twenty-one 
Years, which fhall firft happen, only the Duty of id. 
for every 192 Gallons of Coals, as aforefaid, and 
one third Part of the Duties on Tonnage; fhall con- 
tinue as aforementioned, to be applied for repairing, 
cleanfmg, and maintaining the faid Pier and Har- 
bour, iSc. 

WAYMOUTH and MELCOMBE REGIS. 

The Preamble fets forth, that the 22 Geo. II. p. 
Mayor, Aldermen, BurgefTesanlJ Com- 499- •*"*? •*! 
Inonalty, of the Borough and Town 
of Waymoutb and Melcombe Regis, in theCounty of 
Dorfet, have for Time immemdrial received, and 
been entitled to receive, petty Cuftoms, or Wharfage 
Duties, upon tire Importation and Exportation of all 
Goods and Merchandize into, and out of, the Harbour 
of Waymovth and Melcombe Regis, and alfo Harbour 
Dues, and Ballaft Duty ; which feveral Duties have 

been 



'52 

been conftantly under the Management of the Mayor, 
^!„ -r. Aldermen, (Jc. of the faid Town, as 

p. 560. Truftees and Managers, and have 

been applied for repairing the Har- 
hour. Quays, and Wharfs, and other public Build- 
ings and Works, uiihin the faid Borough and Town : 
And whereas of Lite "^'ears, feveral Perfons have 
rcfufed to pay the faid Duties, and have been indu- 
ced thereto, by Means of the great Difficulties, in 
(bpporting by iViiS and legal Evidence, prefcriptive 
Claims and Rights to Duties on each particular Spe- 
cies of Goods, and the precife Sum» payable for the 
fame ; and altho' the faid Corporation, in Support 
of their Right, have brought feveral Actions, and 
obtained Verdifts ot Damages, by which their Right 
in general hath been eftabliflicd ; yet by the Exfkences 
in carrying on fuch Suits, and the many Evafions and 
Refufals of Payment, the Fund for the repairing the 
faid Harliour, Quays, and Wharf's, and other public 
Buildings and Works, hath been confiderably leffen- 
ed ; and the f.iid Wharfs, c^i. will be entirely deftroy- 
ed it not timely prevented : for Remedy whereof. It 
is ena^ed, tliat from and after the 24th of June, 1 749, 
the refpeclive Rates, Duties, and Cuftoms, enume- 
rated in the Schedules, hereunto annexed, fliall be 
paid by ail Perfons whatfoever, on the Importation 
and Exportation of all Goods, Wares, Merchan- 
dizes and Commodities, into, and out of, the faid 
Harbour of Waymoutb and Melcombe Regis, and for all 
V'effels coming into the faid Harbour to the Mayor, 
Aldermen, i£c. of the faid Town and Borough; and 
no other Rates whatfoever, either under the Deno- 
mination of, or under a Claim to, a 
P- ?o'- Wheclage Duty or otherwife; and the 

faid Schedules are to be deemed as 
Part of this Adl ; and the faid Corporation are im- 
powered to meet, from Time to Time, and to ap- 
point under their Hands, a Collector of the Rates, a 
Quav Mailer, and aTreafurcr, and to remove them 
at Picafure ; and alfo to appoint each of the faid Of- 
ficers fuch a reafonable Salary as they fliall think 
proper out of the Rates, not exteeding 2/. in the 
Pound of the Money refpeflively recei\ed by them. 
.-; .il . The fiid Magiflrates fhall be an- 

p. 502. fwerable for the Adls and Receipts of 

the faid Officers, and fliall take Se- 
curity of each of them, i^c. 

The Collcdors and Treafurers fliall 
P- 5°2- keep Books, and the faid Magiflrates 

fhall meet yearly, on the /V/VAjy next 
after the 24th of June, between Eight and Twelve 
in the Forenoon, in the Guild-U dl of the Town of 
WayniQutb and Mekombe Regis, (or oftner if they fliall 



Of PORTS, ^c. 



think fit) and fhall then fummon the faid Officers, 
and audit their Accompts, (^c. 

The Duties and Cuftoms impofed 
by this A(S upon Importation may be p- 503. 

demanded by the faid Magiftrates, 
their Collector, iSc either of the refpe£tive Pro- 
prietors, or from the Keeper of any Warehoufe, 
wherein the Goods fliall be depofited, upon the firft 
Landing, or to uhom the fame fliall be delivered, 
or who iTi ill take Charge thereof, or fliall carry off 
the fame from the Wharfs or Quays, at the Eledion 
of the Perfons authorized to receive the fame ; and 
alfo the Duties and Cuftoms upon Exportation of 
Goods, (except for fuch Stone only as fliall be taken 
out of one VefTel into another in the faid. Harbour) 
may be demanded from the Waggoner, Carter, Car- 
rier, or other Perfon bringing, or delivering the fame 
on board, at the Option of the Receiver of the faid 
Rates ; and alfo the Duties upon Vef- 
fels, coming into the fiid Harbour; p- 5^+- 

and for fuch Stone, as fhall be taken 
out of one Veflel into another in the faid Harbour, 
may be demanded of the Mafters, or Perfons having 
Charge of fuch Ships. 

On Nonpa}ment of the Rates within twenty-four 
Hours alter Demand, the faid Magiftrates are im- 
powered to fue for, and recover the fame by Adlion 
of Debt, Bill, Plaint, or Information, in any of the 
Courts of Record at Wejlminjler , S:c. 

All IMafters of Veflels, coming into, or going out 
of the faid Harbour, fhall, as foon as conveniently 
may be, deliver to the Colleftor at his Requeft his 
Wharfage Bill, or a true Account of all Goods on 
board, and fliall permit him to take a 
Copy thereof at his own Expence, un- p. 505. 

der Penalty of forfeiting 5/. for every 
fuch Offence, Uc. 

The Quay Mafters, for the more commodious 
loading, and unloading Veftels, or taking in, or cart- 
ing out Ballaft, fhall order all Mafters, and other 
Perfons having Charge of any Veffels, lying in the 
faid Port, or Harbour, to ftation, anchor, and moor 
the fame, in fuch proper Births, near unto, or ad- 
joining the faid Wharfs or Quays, as they fhall ap- 
point ; and if any Mafter of a Veflel fhall refufe to 
comply with fuch Orders, he fliall forfeit 40/. i^c 

As often as any Damage fliall hap- 
pen to be done to the Bridge, Wharfs, p- 506. 
or Quays, by any Veflels breaking 
loofe from their Moorings, through default of the 
Mariners, the Mayor, &c. or any three of them, up- 
on the fame being notified to them upon Oath, fliall 
detain fuch Veflel, till the Damage be afcei-tained, 

and 



0/ P O R T 



?, 



&. 



c. 



153 



and adjufted by three indifferent Perfons upon Oath ; 
and if it (hall appear to them that the Damage has 
been done through wilful default or negle6l they fhall 
liquidate the Sum, payable for the fame, and return 
their Adjudication figned by them unto the Mayor, 
ijc. who ihall thereupon fummon the Mafler of fuch 
Veffel, and demand Payment; and upon Nonpay- 
ment thereof, within three Days after Demand, they 
fhall diftram the Veffel, and all her 
p. 507. Tackle, Apparel and Furniture; and 

within three Days after, Payment not 
being then made, the ColleSor, or Quay-Mafter, by 
a written Order from the Mayor, ^c-. fhall fell the 
fame, dS'c. 

All the Monies to be raifed by this Aft, and all 
Penalties and Forfeitures, fhall be applied in cleanf» 
ing, and keeping the Harbour in order, and for 
keeping the Bridge, Wharfs, Quays, and other pub- 
lic Buildings and Works, withm the faid Borough 
and Town in repair, as the faid Magiftrates fhall 
think requifite. 

None ihall be exempted from keeping fuch Wharfs 
or Quays in Repair, which they were obliged to, by 
Tenure or Ufage, ifc before the making of this A£l. 

This A61 fhall be deemed a public Aft, JaV. 

The f.rjl Table or Schedule referred to, viz. Of Petty 
Cufoms, or Wharfage Duties, payable by Virtue of 
this Aft. 



p. 509. 



■pOR every Chaldron (Wincbeflt 
Meafure) of Coals, Culm, Clr 



•er 
m- 



ders, Grindflones, or other Goods, paying Duties to 
the King by the Chaldron, which fliall be imported 
into, and exported from, the faid Harbour of IVay- 
moulh and Melcombe Regis, 2d. 

For every Ton of Tobacco-pipe Clay, Bufhel Iron, 
and Stone (except fuch Stone, as fliall be taken out 
of one \ effel into another in the faid Harbour) 3(/. 

For every Ton of Salt, Piailfcr of Paris, Terras, 
Marble, Lead, rafi: and bar Iron, and all other 
Goods, paying Duty or Freight by the Ton, 6d. 

For every Load of Fir Timber, yt. 

For every Load of Walnut and Mahogany Tim- 
l)er and Plank, is. 

For every Load of Oak Timber, or other Timber, 
Trenals, Hoops, or other converted Timber, ^d. 

For every hundred of Spars and Ufirs, 4J. 

For every hundred of Wainfcoat Boards, twelve 
Feet in length, and one Inch thick, and fo in Pro- 
portion, IS. 

For every hundred of double Deals, gd. 

For every hundred of fingle Deals, 6d. 



For every hundred of Pipe-Staves, 2d. 

For every hundred of Hogfhead-Staves, id.lq. 

For every hundred of Barrel-Staves, id. 

For every Bufhel of Clover-Seed, 2q. 

For every Quarter of Malt, Barley p. 510. 

and Oats, id. 

For every Quarter of Wheat, Peas, Tares, Beans, 
and all other Grains and Seeds, id. 2q. 

For every Load of Flour or Meal, lod. 

For every Load of Bran, -^d. 

For every Hogfhead of Beer, Cyder, and Vine- 
gar, id. 2q. 

For every Hogdicad of Brandy, Rum, Arrack, 
and other Spirituous Liquors, 4^/. 

For every Hogfhead of Wine, Oil, or other Li- 
quors, yl. and fo in Proportion for larger or fmaller 
Cafks. 

For every Hogfhead of Molaffes (containing a hun- 
dred Gallons) and of Fullers Earth and Whiting, 
6d. 

For every Hogfhead of Tobacco, 8(/. 

For every Butt of Currants, and every Hogfhead 
of Sugar, and other dry Goods, is. 

For every Tierce of Sugar, or other dry Goods, 
8(/. 

For every Barrel of Pitch or Tar, id. 

For every Barrel of Groceries, or other Goods, 
contained in Barrels of twenty Gallons, 2d. and tor 
fmaller Cafks, id. 

For every Crate, Hamper, and Cheft of Glafs, 
and fine Earthen Ware, and for every Load of coarfe 
Earthen Ware, /[d. 

For every Bundle, Bale, Parcel of Linen or 
Woollen, 2d. per hundred Weight, and fo in Pro- 
portion for a greater or leffer Quantity. 

For every hundred Weight of Rice, Logwood, 
Allum, Shot, Cordage, Hemp and Flax, 3^. 

For every hundred Weight of Raifins, Prunes, 
and Figs, id. 

For every hundred Weight of Spices, Hops, Gun- 
powder, Cotton, Wool, Cheefe, Butter, Tallow, 
Colours, Nails, Chains, wrought Leather, wrought 
Iron, Braziers and Pewterers Wares, and all other 
Goods paying Duty or Freight by the hundred 
Weight, 2d. 

For every Chefl of Oranges or Lemons, id. 

For every hundred Feet of Paving 
Stones, 4(/. 

For every ihoufand of Tiles, Bricks, p. 511- 

or Clinkers, and Firkin-Staves, 2,d. 

For every thoufand of Slates, id. 2q. 

For every Groli of Bottles, either Stong or Glafs, 

X For 



0/ P O R T 



15+ 

For all Goods not here enumerated, one twelfth 
Part of what the iifiial Freight is or fhall hereafter be, 
from London to the Port of Waymouth. 

The fecond Table, or Schedule, referred to, viz. of 
Harbour Dues, and Ballafl Duties, payable by Vir- 
tue of this A£1, by, or from the Mafler of every Ship 
or Veffel, or the Perfon having Charge of the fame. 

FOR cvtry Britijh Ship or VefTel, not belonging 
to the Inhabitants of the fLiid Borough and Town, 
wliich fhall load or unload in the faid Harbour, 2s. 

For every fuch Ship or VefTel, which fliall fail into 
the faid Harbour, and neither load nor unload there, 
IS. 6d. and fo in Proportion to Parts of Ships or Vef- 
fels, not belonging to fuch Inhabitants. 

For every Ship or Vefliel belonging to Inhabitants 
of the faid Borough and Town, which iliall load or 
unload in the faid Harbour, i/.andfo in Proportion 
to Parts of Ships or Vefiels belonging to fuch Inha- 
bitants. 

For everv foreign Ship or Veffel which fhall fail 
into the Harbour, and neither load nor unload there, 

For every fuch Ship or Veffel which fliall load or 
unload there, id. per Ton, according to their light 
Bills. 

For every Ton of Stone taken out of one VefTel 
into another in the Harbour, id. 2q. 

For every Ton of Ballafl: taken out of one Ship 
into another in the Harbour, \od. 

For every Ton ofBallaft taken into any Ship from 
the Quay, or otherwife, in the Harbour, is. 

For every Ton of Ballaft, put out 
p. 51Z. of any Ship on the Qu.iv, \d. 

For every Ton ofBallaft put out of 
one Ship into another in the Harbour, zd. 

For every Ton of Ballaft taken on board any fo- 
reign Ship or Veflel, either from the Quay, or in the 
Harbour, 2/. 

For every Ton of Ballafl put out of fuch Ship or 
VefTel, 8^/. 

RAMSGATE and SANDWICH. 

2zGeo.\\. p. Tiie Preamble fets forth, that fre- 

799. quent LofTes of the Lives and Pro- 

perties of his Majcfty's Subjects hap- 
pen in the Doiuns, for want of a Harbour between 
the North and South Forelands, the greateft Part of 
the Ships employed in the Trade of this Nation be- 
ing under a Necellity, at going out upon, as well as 



s, 



'C. 



returning from, their Voyage, to pafs thro' the Dotvnf, 
and frequently by contrary Winds being detained 
there a long Time, during which they (efpecialiy the 
outward bound Ships) are expofed to violent Storms 
and dangerous Gales of Wind, without having any 
fufficient Harbour to lie in or retreat into, or fronv 
whence they can receive any AfTiftance; and as a 
Harbour may be made at the Town of Ramfgate; 
convenient for the Reception of Ships, of, and under 
300 Tons Burthen, and from whence larger Ships 
in Diflrefs in the Downs, may be fupplied with Pi- 
lots, Anchors, Cables, and other AtTiftance and Ne- 
ceflaries; and by the fmaller Ships taking Shelter in 
this Harbour, the larger Ships may 
take the Anchorage, which at prefent p. 80?. 

is occupied by the fmaller, and by that 
Means their Anchors will be fixed in more holding 
Ground, and the Ships not fo expofed to the Ocean : 
For carrying therefore a Work of fuch public Utility 
into Execution, It is ena^ed, That the Lord Warden- 
of the Cinque-Ports, and his Deputy for the Time be- 
ing ; the Right hon. Robert Lord Romitey, Andrei» 
Stone, Efq; the Hon. fames Pelharn, 
Efq; ifc. iTiall be Truftees for the en- p- Sor, 

larging, building, and maintaining the 
Harbour at Ramfgate, by erecting Piers or fuch other 
Works, and doing all other Matters, as five, or 
more of them, at their general Meeting, fhall think 
moft proper for putting in Execution the Powers of 
this A£t. 

The firft Meeting of the Tniftees p- So;. 

fhall be on the firfl: Tuefdav in 'July, 
1749, in the Guildhall of the City oi London; and 
five or more of them fhall meet from time to time, 
at fuch Places as they fhall judge moft convenient 
for carrying on and effeding the Purpofes of this 

Aa. 

Fifteen or more of the Truftees at a public Meet- 
ting (fourteen Days Notice whereof fhall be given- 
in the London Gazette) fhall fettle the feveral Rates 
and Duties herein after mentioned, which iTiall com- 
mence from atid after the loth of fuly next enfuing, 
viz. any Rate or Duty not exceeding 6d. per Ton, to 
be paid by every Britijb or foreign Ship, VefTel or 
Crayer of 20 Tons Burthen or upwards, and not ex- 
ceeding 300 Tons, for every loading or difcharging, 
or Ship in Ballaft within this Realm, from, to, or by 
Ramfgate, or coming into the Harbour there, not 
having a Receipt teftifying the Payment thereof be- 
fore, on that Voyage, toward the isuilding and main- 
taining of Ramfgate Harbour ; and on every Ship a- 
bove 300 Tons, any Rate not exceeding 2^/. for each 

Ten 



0/ P O R T S, ^c. 



Ton of the Burthen of fuch Sliip (except Ships loaden 
with Coals, Grindftoncs, Purh^ck, Portland, or other 
Stones) and on every Chaldron ol Coals, or Ton of 
Grindftones, Purheck, Portland, or other Stones, a 
Rate not exceeding ■^d. And fuch Ra'es, when fet- 
tled by the Truftees, fjal! be publiflied in the La;;- 
il;n Gazette, for the Information of all Parties, and 
fliall be paid to the Ciirtomer, or ColleSor of the 
Cuftoms, or their Deputies, or fuch other Perfons as 
(hall he appointed by the Truftees to receive the fame, 
in iuch Port or Place, whence fuch Veffels or Ships 
fliall fet forth, or where tliey fhall arrive before their 
failing fj om fuch Port, on their outward bound Voy- 
age, and before they unload their Goods on their 
homeward bound \'oyage ; the Tonnage to be afcer- 
tained according to the Rules laid dov/n in the A£t 
8 Anna:, intitled, An A fl fir making a 
See Lmerpook, convenient Dock or Bafon at Liverpool 
p. I 28. yir the Security of all Ship/ trading to 

or from the faid Port of Liverpool, 
p. 803. Foreign Ships pafllng or being de- 

tained in the Dr.vnr, Ihall be fubje6t 
to the fame Rates as Ships cleared out, or entered 
into, any of the Britijh Ports, to be levied and re- 
covered in the fame Manner as the other Rates im- 
pofed by this A£t. 

Where the Tonnage of any Wffel, chargeable 
with the faid Rates, cannot olherwife be fettled and 
adjufted, the CoUetlor, or fuch Perfon as five Truf- 
tees (hall appoint, may enter into, and admeafure 
fuch Ship, according to the Directions of this A£t ; 
and if any Perfon Ihall pbftruS the Admeafurement 
of fuch ship, he fhall forfeit 10/. for every fuch Of- 
fence, y<r. 

No Vefl'el, outward bound, ihall be cleared at the 
Office of the Cufloms ; nor fliall any Vellel be al- 
lowed to enter at the faid Office, on a homeward 
bound Voyage, inward, without Information on Oath, 
by the Mafter or Owner, of the Burthen of fuch 
Veffcl, £^1-. and after Oath made, and 
p. 804. Payment of the Dutv, and producing 

an Acquittance for the Receipt there- 
of, the Mafler or Owner iTiall be allowed from the 
Merchant, for every Ton of Goods loaden on board 
fuch Ship on his Account, a like Sum per Ton, as tiie 
fame is charged by this A<£1 ; and the Curtomers, or 
other Officers receiving the faid Duties, fliall keep an 
Account thereof, i^c to which all Perfons may have 
free Accefs at all feafonable Times gratis. And fhall 
once in every Month, in the Port of L'.ndon, and 
once in e\ery three Months in the 
Out-Ports, return and pay over the 
Sums received by them, i^c 



p. 80J. 



If any Ship or Veflel (other than as before except- 
ed) whether Britipj or foreign, above 300 Ton?^, 
fliall, after the Commencement of this Acf, take 
Shelter in the Harbour of /^.'7^;/o-a/<', fhe fhall pay for 
every Ton a like Rate as Ships of, or under 300 
Tons, and above 19 Tons are liable to; Allowance 
being made to the A'lafler or Owner for any Rate 
paid before by him on that Voyage, by Virt'ie of this 
A£l; and fuch Ship fliall ever after be liable to the 
fame Rates. 

No Coafling VefTel, or Fiflierman fhall pay the 
Rates more than once in one Year. 

The Colleclors, bfc may go on board any Veflel, 
and demand the Duties, and for Nonpayment may 
diftrain fuck Veflel, T.ickle, i^c. and 
in ten Days after, make Sale there- P- 806. 

of, ^f. 

If any Mafter of any Veflel fliall elude the Pay- 
ment of faid Duties, the fame fliall be recovered, as 
the Fines and Penalties are herein after diretled. 

Five or more Truftees, and Perfons employed by 
them, may remove any Obftrutlions that mav be 
necefl'ary to be taken away, for the enlarging, build- 
ing, and maintaining the faid Harbour at Ramfgate, 
or for the better attaining the Purpofes of this Atl, 
making Satisfaflion to the Owners of the Premifes. 

Five or more Truftees may contra£tfor the mak- 
ing or doing all or any Part of the Work or Bufinefs 
to be done in completing the faid Harbour, and for 
Timber, Stones, or other Materials which fhall be 
ufed therein ; and they may agree with the Owners 
and Occupiers of all fuch Buildings, Grounds, or 
Eftates, as fhall be neceffary for the Execution of the 
Purpofes of this hQ.. 

All Bodies politic or corporate, whe- p. S07. 

ther aggregate, or fole, and all Feof- 
fees in Truft, Executors, Adminiftrators, Guardians, 
or Truftees whatfoever, for, or on Behalf of any 
Infants, Femes Covert, or Ceftuique Trufts, and all 
Perfons feiz.ed, pofleffed of, or intereftcd in any 
Lands, Tenements, or Hereditaments, which fliall 
be adjudged neceffary for the Purpofes aforefaid, are 
impowered to agree with the Truftees, or five or 
more of them, at any of their public Meetings ap- 
pointed for the Sale thereof, and to fell and convey 
the fame ; and all Contracls and Conveyances, whicli 
fliall be fo made for the Purpofes aforefaid, fhall be 
valid to all Intents and Purpofes. 

And all Feoffees in Truft, Executors, £3".-. are 
indemnified forwiiat they (hall do by Virtue of this 
Act; and if it fhall happen that any Perfon, Bidy, 
or Bodies Politick or Corporate, (hall decline, or re- 
fufc to treat, or agree, about the Sale of the faid 
X 2 Land-, 



156 



Of PORTS, 



t^ c. 



Lands, and Tenements, five or more Trullees fliall 
iffue their Warrant to the Sheriff of the County to 

fummon and return a Jury ot tuenty- 
p. So8. four Perfons, qualified to be returned 

for Trials of liTue joyned in any of 
the Courts of JVe/iminJier, to appear before them at 
the Time and Place appointed, and alfo to return 
Iffaes upon every fuch Perfons, the Sum of 40/. 
which fhall be duly effreated and levied ; and for 
Default of a fufficient Number of Jurymen appear- 
ing, the Sheriff, or his Deputv, fhall return twelve 
indifferent Men of the Standers-bv, or that can be 
fpeedily procured, to make up the Jury, ^vho fhall 
view the Lands and Tenements in Qneflion, and 
fhall upon their Oath (which Oaths, and alfo proper 
Oaths to fuch Perfons as fhall be examined as Wit- 
neffes, five or more of the Truftees fhall adminifter) 
enquire into the Value thereof, and affels fuch Da- 
mage and Recompence of the fame as they {hall 
think fit ; and the Truflees fhall give Judgment for 
the Sums to be affeffed by fuch Jury, which Verdift, 
and the Determination thereupon pronounced by five 
or more Truflees, and the Recompence affeffed 
(twenty Days Notice at lead in Writing of the Time 
and Place for their Meeting being firfl: given to every 
I'erfon concerned, or left at his, or her Dwelling- 
Houfe, or ufual Place of Abode, or with fome 
Tenant or Occupier of fome Lands or Tenements 

of the Party near the Harbour 
p. 809. of Rarnfgate, in cafe fuch Party 

cannot be found to be ferved with fuch 
Notice) fliall be binding to all Intents and Purpofes, 
againft all Parties whatfoever ; and the faid Decrees 
fliall be let down in Writing, under the Hands and 
Seals of the Truftees who fhall make the fame, and 
kept amongfl the Records of the Seffions for the 
County of Kent, and the fame, or Copies thereof, 
fliall be admitted as Evidence in all Courts of Law 
or Equity ; and upon Payment or Tender of fuch 
Sum to the Parties, at his or their Dwelling-Houfe, 
or if they have none, at the Houfe of fome Tenant 
or Occupier of fome Lands of the Party, near the 
faid Harbour of Ranifg.'tc, and in Cafe of their Re- 
fufal, upon Payment of the faid Sum, into the Hands 
of fuch Perfon as five Truflees fliail appoint, for 
the Ufe of the Parties interefled; it fhall then, and 
rot before, be lawful for the Truftees, or their Work- 
men, to make Ule of the faid Lands as they fhall 
think requifite for the Purpofes of this Aft, and they 
are indemnified againif the faid Owners, and Occu- 
piers, lie. 

If the Truf^ees fhall build any 

p. Sio. Works relating to the faid Harbour, 

upon any Lands or Tenements, the 



Property whereof is not, at, or before fuch Time, 
claimed or afcertaincd ; and if any Perfon fhall af- 
terwards claim the fame, and prove his Title there- 
to, then the Value thereof, before the Works were 
ereiSIed, fliall be afcertained by a Jury in A'lanner 
before directed ; and upon Payment or Tender of 
the Money that fhall be affefled, the Property of 
fuch Perfon in the faid Lands, fhall ceafe, and the 
fame be vefted in the Truftees. 

Fifteen, or more, Truftees may borrow any Sum 
not exceeding 70,000/. for the Purpofes aforefaid, 
and affign over the Duties as a Security for Re- 
payment of the fame, wirh Intereft not exceeding 
5/. per Centum per Annum; and the fame fhall be 
applied towards the Enlarging and Completing the 
faid Harbour (the Charges of palUng this AS to be 
firif paid). 

Any Perfons may advance the 
Whole, or any Part of the faid Sum p. 811. 

of 70,000/. for the abfolute Purchafe 
of Annuities, to be paid for the natural Lives of fuch 
Perfons as fhall be nominated by the Contributors at 
the Time of Payment of their refpeftive Contribu- 
tion-Monies ; the fliid Annuities not to exceed the 
Rate of 8/. 10/. per Annum, for every 100/. and to 
be payable at the Bank of England, or at fuch other 
Place in London as Fifteen or more of the Truftees 
fhall direS, to the Purchafers, their Executors, 
Adminiftrators, orAfllgns, at fuch Times and in fuch 
Proportions, as fhall be agreed upon. 

The Rates fliall not be liable to the Payment of 
the Intereft: of^any greater Sum than 50,000/. at any 
one Time, upon Annuities for Lives. 

One or more Books fhall be provided and kept by 
the Truftees, in which fhall be entered the Names 
and Places of Abode of the Purchafers of any of the 
faid Annuities, and of all Perfons by whofe Hands 
they fhall pay in any Sum upon this Acf, and alfo of 
the Perfons for whofe Lives the Annuities fhall be 
purchafed, and the Purchafe-Money, and Days of 
Payment ; to which Books the refpedive Purchafers 
and Perfons impowered by them fhall have Recourfe to, 
at all feafonable Times, gratis ; and if 
any Doubt arife as to the Life of any p. 812. 

Perfon, on which an Annuity fhall be 
payable. Five or more Truftees may depute any Per- 
fon before e.ach Payment to vifit fuch Annuitant ; and 
if fuch Perfon fliall be refufed Admittance to the faid 
Annuitant at any feafonable Time, the Annuity fliall 
from fuch Time ceafe, 'till the Life of the faid An- 
nuitant be proved to Five or more Truftees at their 
publick Meeting, either by his or her Perfonal Ap- 
pearance, or by the Oaths of two credible Witneffes, 

when 



0/ P O R T S, &>c. 



when the faid Annuity, together with the Arrears, 
fliall be paid. 

The laid Annuities fiiall be paid out of the Monies 
arifing by the Duties of this Aft ; and the Contribu- 
tors, their Executors and AfTigns, fhall enjoy the 
Annuities, during the natural Lives of the Perfons 
nominated by them, and fhall have abfolute and inde- 
fcazible Eftates therein ; and the fame fhall be free 
from all 'i'axes. 

The Contributors or their AfTigns, 
p. 813. upon Payment of the Confideration- 

Money, or any Part thereof, unto 
Fifteen Truftees, or to fuch Perfon as they fhall ap- 
point, fliall have Receipts for the fame ; and upon 
Payment of the Purchafe-Money iLall have an Or- 
der in Parchment for Payment of the Annuity, du- 
ring the natural l^ife of the Perfon nominated, in 
which iliall be inferted, how much the Sum paid by 
fuch Contributor, together with the other Sums paid 
in on Annuities before that Time, do amount to, 
that it may be known how nearly the faid Sum ot 
70,000/. is complete, and when it fhall be com- 
pleted ; which Order fhall be made by five or more 
Truftees at a public Meeting, and after figning 
thereof, fhall be good in Law. 

The Annuitants, or their Affigns, may from time 
to time aflign over the faid Annuities, or any Part 
thereof, and an Entry thereof fhall be made, gratis, 
in a Book to be kept by fuch Perfon as five or more 
of the Truftees fhall appoint for that Purpofe, at 
the Charge of the Truftees, in fuch Place within 
London, as fifteen or more Truftees fhall appoint. 

The Rates fhall be chargeable 
p. 814. with the Payment of the Annuities, 

and upon Default of Payment thereof 
within forty Days after the Times they fliall be 
■made payable, they fhall veft in the Annuities until 
the fame be paid, with Intereft and the Charges oc- 
cafioned thereby ; and they fhall have the fame Power, 
yr. of colleSing and levying the faid Duties as the 
Truftees were invefted with. 

The Money ariling by Sale of the Annuities, fhall 
be applied in the firft Place, in paying oft' Monies 
borrowed at Intereft as aforefaid, and afterwards for 
difcharging the Expences of enlarging and building 
the faid Harbour. 

The Truftees fliall meet once in every Year, 
fourteen Days Notice whereof fhall be given in the 
Loudon Gazelle ; and they, or fifteen or more of 
them, at fuch Meeting, (hall examine what Annuities 
have determined durmg the preceding Year ; and 
fhall afcertain the Rates neceftlary to be raifed for the 
fucceeding Year, and the fame Ihall be levied accord- 



ing to the Proportions before mentioned, and iTiall be 
advertifed in the London Gazette ; but if they fhall con- 
tinue the Rates of the fucceeding Year, or Years, 
according to the Proportion of the former Year, or 
fhall negled or rcfufe to meet for the Purpofes afore- 
faid, then the Rates fhall be levied ac- 
cording to the Proportion directed by p. 815. 
the laft Advertifement in the London 
Gazette {oT that Purpofe, which fliall be the Rule to 
go by, until the faid Rates lliall be again afcertained 
and publifhed according to the Dire6tions of this 
Ad. 

As foon as the faid Sum of 70,000/. fhall be raifed 
and paid to the Truftees by granting Annuities, and 
the Intereft of the feveral Annuitants lliall ceafe by 
their Deaths, the Duties granted by this A£t fliall 
abfolutely ceafe and determine ; and if after the De- 
termination of the Annuities, and finifhing the faid 
Harbour, any Surplus fhall remain in the Hands of 
the Truftees, the fame Ihall be paid into the Cham- 
ber of London, and an Account thereof laid before 
the Parliament at their then next Sitting. 

Fifteen or more of the Truftees 
may appoint ColleiSlors, a Surveyor, p. 816. 

Treafurer, i^c. of the Duties, and 
appoint them Salaries, and difpiace them at plea- 
fure. 

They are to take Securities for fuch Officers, and 
to meet once yearly to examine and audit their Ac- 
counts. 

The Accounts fo ftated and iigned p. 817. 

by the Truftees, fhall be laid within 
thice Months after, before the Mayor and Court of 
Aldermen in London, and fuch four as the Court fhall 
appoint (not being Truftees) may fummon and exa- 
mine upon Oath, every Perfon they fliall think fit, 
and finding any one guilty of Embezzlement or 
Mifapplication of any of the faid Money, they fhall 
impofe on him any Fine not exceeding double the 
Sum imbczzled. 

The faid Fines fhall be levied by Diftrefs, is'r. and 
in Default of fuch Diftrefs, the Offender fhall be 
committed to the common Gaol of the County, where 
he fhall live, until Payment, tiff. 

If the Truftees fliall ereft a Bafon in the faid Har- 
bour, every Veffel before flie goes into the Gates 
fhall take down her Sails, fo that flie may not go fail- 
ing in, upon Pain of forfeiting 10/. 

If the Bafon fliall be fo filled with 
Shipping, as not to admit with fafety p. 819. 
more Veftels, five or more Truftees, 
or fuch Perfon as they fhall appoint, may remove 
into the Harbour fuch Ship or Veflel, as he or they 

fiiall 



.58 



0/ P O R T S, &>€. 



ni.ill tiiink proper ; tiie M^flcr witliln twenty-four 
Hours atUT Notice in Writing given to liim, or left 
on board his Ship for that Purpofe, neglefting to 
remove tlie fame witiiin a convenient Time, thofe 
VtiFelsto be firft removed out of tlie Bafon, as fhali 
he laid up or moored, or arc not upon an outward or 
homeward bound Voyage ; next fuch as are not upon 
an outward or homeward bound Voyage, but which 
may with the leaft Danger be removed, and lie in the 
faid Harbour, that Sliips coming in, and lefs capable 
of taking the Ground, may have the Benefit of the 
Bafon ; and the faid Marter fhall pay the Charges of 
removing fuch Veflel, to be levied and applied as the 
Fines and Penalties are dircfted by this Act. 

If anv Mafter, or other Perfon, 
p. 820. fhall obftrud the Removal of fuch 

Ship, he lliail foifeit !oo/. And if 
any Perfon -employed by the Truftees, fliall wilfully 
abufe his Authority of removing fuch Ships, and 
fTiall be adjudged io to have done, by five or more of 
the Truftees, is'c. they fliall impofe any Fine on him, 
not exceeding 100/. ^c. 

It any Truftee fhall die, or refufe to aft, nine or 
more of the remaining Truftees may appoint others, 

'I he Property of all the Piers, Docks, Wharfs, 
and other Works ; and alio of the Ground whereon 
:fuch Works fliall be erefted, as well as all fuch Right 
and Property, as now appertaineth to the faid Pier 
or Harbour of Ramfi^atr, fliall be veflcd in the 
^I"ruflecs, and they, or five, or more of them, may 
bring Adions, and prefer Bills of In- 
;P- 821. diftmcnt againft any Perfons who 

fliall (leal, break down, or fpoil any 
of the Works or Materials, or do any thing whereby 
Damage may accrue to the Works or Harbour; and 
they may let out for the beft Rent that can be had, 
fuch \\ harfs, Docks, or Lands, as are vefted in 
them, for any Term not exceeding fixty Years, the 
Rent to be applied towards enlarging and completing 
the faid Harbour ; and upon the Expiration of the 
faid Trufls, and Determination of the Leafes, the 
Property of the faid Piers, Docks, Wharfs, and 
other Works, and alfo of the faid Lands, Tene- 
ments, or Hereditaments, fliall be veflcd in, and 
■difpofcd of, by Authority of Parliament. 

Tlie Trullees in the letting fuch Wharfs, Dock?, 
or other Works, fliall exprcfsly mention what Sums, 
Ihall be taken by the refpeftive Tenants, of the Maflcr 
of an) VefTcl which fliall occupy the fame ; and if the 
Tefiant llid! demand, or take more than the Sum 
ftipnlalcd, he fliall for every fuch Ofl'ence, forfeit 



treble the Sum demanded, more than he fhall be 
allowed to take, by fuch Agreement, i^c. 

All the Receipts,. Payments, Debts, 
Credits and Contrails, made with, .p. 822. 

and by the Artificers and Workmen 
employed, and alfo an Account of all Monies received 
and borrowed, and all other Proceedings of the 
Truftees, fhall be entered in one or more Books, 
&r. 

No Truflee fliall have any Office, or Place of 
Profit arif (ig by any of the faid Duties, and the 
Truflees fhall at all their Meetings defray their own 
Expences, and fhall give fuch public Notice of their 
Meetings, as fliall be agreed upon by five or more of 
them. 

From and aher the fird TuefiJayin "fiy/y, 1749, all 
Duties on Shipping, which may heretofore have been 
demanded at the Port of Ram/gate, under any Pre- 
tence whatfoever, fhall abfolutely ceafe ; and no De- 
mand ihall be made of any Duty, other than what 
is made payable by this AQ:. 

This Aft fhall not extend to charge 
with any of the faid Rates and Duties, p. S23. 
any Ship o.- Veflel which fliall be 
bound to or from the Town of Sandiuich, in the 
County of Kent, the Maftcr producing a Certificate 
verified upon Oath, under the Hand and Seal of the 
Mayor of SariJwich, attelling that the Inhabitants 
of the faid Town, owntheWliole or major Part of 
fuch Veflel; and all fuch Veffels may pafs in and out 
of the Harbour without paying Duty. 

Out of the Money arillng by the Rates, the Trea- 
furer or Receiver fliall pay 200/. per Annum, during 
the Continuance of this A61, into the Hands of the 
Mayor and Jurats of Samkvich, or to fuch Perfons as 
they fliall authorize to receive the fame, by four e- 
qual Quarterly Payments, viz, upon September 29, 
December 25, March 25, and June 24; the firfl Pay- 
ment to be made upon the 29th of September, 1749, 
the faid Money to be applied, in the firfl Place, in 
difcharging the Expences incurred by 
the Corporation of Sandvuicb, on Ac- p. 824. 

count of applying for, or making this 
Adl, or in any Manner relating thereto; and after- 
wards in cicanfing, dcpthening, and preferving the 
faid Haven, or in ereding and maintaining a Pier, or 
fuch other Works for that Purpofe, a; the Mayor 
and Jurats fliall by Writing under their Hands and 
Seals dired; and if the faid Sum fhall not be paid 
within fourteen Days after it fhall become due, the 
Mayor and Jurats may recover the fame againfl the 
faid Treafurer or Receiver, together with the Da- 
mages 



0/ P O R T S, gf J. 



mages failained by the Nonpayment, and full Cods 
of Suit by A-Elion of Debt, Bill, ^c 

The Receipt of the f;iid Mayor and Jurats, or of 
fuch Perfon as they fliaii appoint to receive the faid 
Sum, fhali difcbarge the faid Treafurer or Receiver 
f r the Payment thcieof. 

The faid Mayor and Jurats fhall caufe a Book or 
Books to be kept, of the Dates and Sums of Money 
received and difburfed, and of all 
p. 825. their Proceedings, in Execution of the 

Trufl hereby repofed in them ; to 
which Books ail Perfons intereft«d fhall have free Ac- 
cefs, gratis, &c. 

From and after the faid 24th of yiine, 1749, no 
more than two Vefiels fhall lie abreafl: in the faid 
Haven longer than one Tide, unlefs upon fome un- 
avoidable Occafion, of v,hich the 
p. 827. Mayor fhall judge, and fhall take fuch 

Order therein as he (hall think reafon- 
able ; and if the Mafter of any Veffel fliall not 
obey fuch Order of the Mayor for removing his 
Ship, he fliall forfeit any Sura not exceeding 40/. 
tffc. 

If it fhall appear to the Truftees, or fifteen of 
them, that it will be for the Benefit of the Trade 
and Navigation of this Kingdom, to ere£t any 
Works at the Haven of Sandwich, more than the 
annual Sum of 200/. will be fufficient for, they may 
at any Meeting to be held for that Purpofe (fourteen 
Days Notice thereof being given in the London Ga- 
zette) order any Sum not exceeding 10,000/. out 
of the Duties aforefaid, to be applied to that Pur- 
pofe. 

All Vefiels belonging to the Towns of Dover, Wey- 
mouth, and Melcombe Regis, Lyme Regis, and Great 
Tarmouth, (hall be exempted from Payment of the 
Duties aforefaid, the Maflers or Owners producing a 
Certificate, verified upon Oath before 
p. 829. the refpeflive Mayors of the faid 

Places, that the faid Vefiels belong 
thereto, and that the Inhabitants are Owners of the 
greatefl: Part of fuch Ships. 

This AS ihali be deemed a public A£t, (Jc. 

BEVERLEY BECK an^ HULL. 

18 Cm. II. p. By 13 Geo. I. feveral fmall Tolls 

4"- and Duties were laid on diverfe Goods 

and Merchandifes, which after May i, 
1727, fhould be laded or unladed on or from any 
Ship, Boat, or other VefiTel, in any Part of the faid 

Beck, or at any public Staiths, or 
P- 4' 2. other Places along the faid Beck, or 



^59 

RWer Hr/ll, and payable to the Mayor, Aldermen, 
and capital Burgefies of Beverley and their Succeffors, 
or to the Perfon by them appointed, to be applied for 
the Purpofes in the Acl mentioned ; and fince pafllng 
the faid AiX a confiderable Sum hath been borrowed 
on the Tolls thereby granted; which though applied 
with the Income of the Tolls and Duties according to 
the Dire£fions of the AS, is infufiicient to anfwer the 
Intention; and the Btck is now in great Danger of 
being choaked, by the Sludge and Soil brought by 
Tides, and Earth falling in from the Banks, which 
muft be repaired and lupported by Piles and other 
Works ; and as the Cleanfmg, Deepening, and Prefer- 
ving the faid Creek, and amending and maintaining 
the Banks, Staiths, Roads and Ways, will require 
more Money than can be raifed by the prefent Du- 
ties, which are in many Refpefts unequal, and not 
duly proportioned to the Values of Goods ; therefore, 
for better enabling the Mayor, bfc. of Beverley, to 
perform the Things beforementioned, // is ena^ed, 
that after May i, 1745, there fhall be paid for the 
Purpofes aforefaid, by every Mafter or other Perfon, 
having Management of any Ship or 
other Vefiel, paffing up or down the p. 413- 

faid Beck, or River Hull, to lade 
or unlade Goods, at any Part of the Beck, or 
public Staiths, or at Gravel, or Beck-End, or be- 
tween Figgam Clova, and Swinmore Clovj, on the Ri- 
ver Hull, or at any Places along the faid Beck, or Ri- 
ver, within the Liberties oi Beverley, before unlading, 
or having laded, before they go out of the Liberties 
aforefaid (over and above the Tolls, payable by the 
former A.&.) thefe additional Duties, viz. 

For every Chaldron of Coals, Winchejler Mea- 
fure, id. 

For every Quarter of Oats, Barlev, or Malt, \q. 
For every Quarter of Wheat, Rye, Mefsledine, 
Beans, Peas, Rapefeed, Hempfeed, Luileed, orany 
other Kind of Seed or Grain, i y. 

For every hundred Weight of Flour, 35^. 
For every Hogfhead of Salt, 4^/. 
For every Ton of Salt in Bulk, id. 
For every three Hoglheads ot Sugar, Tobacco, 
Molafi'es, or of other Goods packed in Hogfheads, 
U. 

For every four Hogfheads of Wine or Rum, 1/. 
%d. 

For every Hogfhead of Brandy, or other Spirits, 
4J. 

For every eight Barrels of Soap, Rafins, Oil, 
Pitch, Tar, or packed with other dry Goods, ^d. 
For every Butt ot Currants, %d. 
For every two Pipes of Smyrna Raifins, 8(/. 

For 



i6o 



0/ P O R T S, &'c 



For every i6 Bags of Nails, J^d. 

For every Ton ot Iron or Lead, 8d. 
■ For every 32 Firkins of Butter, ^d. 

For every 20 Hundred of Cheefe, "jd. 

For everyTon of Timber or Stone,2(/. 
p 114. For every two Bags of Hops, 8d. 

For every Quarter of Oatmeal, ^d. 

For every Hundred of Pipeftaves, id. ^4. 

For every Dozen of Cinders or Charcoal, f </. 

For every 20 Sheep Skins, iq. 

For crery Quarter of Bark, iq. 

For every Pack of Wool or other Goods, id. 

For every 12 Dozen of Bottles, ii^. 

For every four Bulliels of Roots, or Fruit, \d. 

For every Ton of Hemp, Line, or Flax, ']d. 

For every Quarter of Fern Afhes, zd. 

For every fmall Runlet of Liquor, not exceeding 
10 Gallons, id. 

For every fmall C;ifk or Parcel, not exceeding 1 1 2 
Pounds, I q. and fo in Proportion for a greater or 
lefs Quantity or Weight of any the above mentioned 
Goods, ifc. 

And for every Ton of any other Sort of Goods or 
leadings not mentioned, according to the Cuftom of 
A\'ater Tonnage, \zd. and fo in Proportion for any 
greater or lefs Quantity (except Cobbles or Pebbles, 
for repairing Caufeways in the Town or Liberties.) 

Which Tolls and Sums fhall be paid to the Mayor, 
Aldermen, and Capital BurgelTes of Beverley and 
their Succeffors, or to a Perfon by them appointed to 
receive them, and (after deduding the neceffary 
Charges of obtaining this AiSt) be applied, with the 
Duties granted by the former Adf, 10 pay the Debt, 
nnd cleanfe, and preferve th^ Beck, and repair and 
keep up the Banks, Staifhs, and Roads, and to no 
other Ufe. 

The Powers, Provifoes, Penalties, Wc in the for- 
mer A(Et contained, relating to the Tolls thereby 
granted (and not hereby repealed or 
P- 4' 5- altered) fhall be in Force from May i, 

1745, and extend to the additional 
Tolls hereby granted, and to every Perfon whom the 
fame or this prefent AS may concern. 

In Cvife any Perfon having Management of any 
Ship or Veflcl, palTmg up or down the River ILdl, or 
the Beck, lading or unlading, and who by the former 
AQi is obliged to give in a true Account in Writing 
of the Quantity of Goods, or Number of Tons, with 
which he is laded, fliall give in a falfe Account there- 
of, being convicted on Oath before the Mayor, or any 
two Jurtices for the faid Town, fhall forfeit 20/. i^r. 
and iliall alfo pay the Duties by the faid Ads made 
payable for all fuch Goods as remain in fuch Veffel, 



which he ihall not have^given an Account of, or paid 
Duty for; but fuch Perfon fhall not be fubje£t to 
the Forfeiture of 10s. unlels his Lad- 
ing exceed three Tons more than he p. 416. 
fliali have given an Account of, or paid 
X)uty for. 

The Receiver or ColleSor appointed by th^ May- 
or, £>f. oi Beverley, may enter into any Ship or Vef- 
fel, which lliall pals up or down the faid Beck or Ri- 
ver Hull, within the Liberties aforefaid, and fearch, 
and take an Account of the Lading thereof (and for 
Difcovery of anv Goods, i^c. chargeable with thefe 
Duties, and the Quantities thereof) may open, bore, 
gauge, weigh, and meafure any thing laded in fuch 
VefTel, and tafte Liquor, meafure Coals, and weigh 
or meafure other Goods (finding proper Weights, 
Meafures, and Inftruments for the Purpofes afore- 
faid, and making Satisfatlion for any Lofs or Damage 
done to Goods thereby.) And for the like Difcovery, 
to meafure and mark the Portage or Tonnage of any 
VefTel, ufually paffing withm the faid Liberties; and 
if any Mailer of fuch Veffel, or other Perfon, iTiall 
hinder fuch ColleSor or other Perfon appointed to 
enter fuch Veffel, or to fearch, or take an Account of 
the Lading thereof, or of the Sorts or 
Quantities of Goods, by any Means p- 417. 
aforefaid, or to meafure or mark the 
Portage, i^c. the Mafter or Perfon fo offending (hall 
forfeit 20J-. i^t. 

Nothing in this A£t fhall take away or leffcn Duties 
which before making this and the former Aft, were 
payable to the Mayor, &c. of Beverley, at the River 
Hull, or Beverley Beck, or otherwife ; but the fame 
fliall continue to be paid on all Sorts of Goods and 
Merchandizes as before. 

The Remainder of this Ai£f is concerning the Roads, 
and cleanfing the Streets, which having no Relation 
to the Subjeft I am treating of, are omitted, i^e. 

KIRKCALDY. 

The Town of Kirkealdy is faid to be well fituated 
for carrying on a foreign Trade, hav- 
ing Coal and Salt Works near adjoin- 15 Geo. IF. 
ing, and that an improved Trade would P- ' ' 9- 
be very beneficial both for the Town 
and Country; but thefe Advantages cannot be had 
unlefs the Harbour (which is very ruinous) be re- 
paired and made commodious, which will require 
a larger Sum than the Revenue of the 
Town will aniwer, // is therefore en- p. no. 
afled, that ?S\.&x^une i, 1742, for the 
Term of twenty-five Years, and to the F.ad of the 

then 



0/ P O R T S, &>c. 



then n«xt Seflion of Parliament, a Duty Ihall be 
paid of two Pennies Srot^, or one fixth Part of a Penny 
Sterling (befides the Ehity paid to his Majefty) on 
every Scots Pint of Beer or Ale, either brewed, brought 
in, tapped, or fold in the Town or Liberties of Kirk- 
caldy ; the Duty to be paid by the Brewers for Sale, or 
the Sellers of the faid Liquors, to the Magiftrates and 
Town Council, or fuch Receivers as they fhall ap- 
point. 

The Provoft, Bailiffs, and Council, are appointed 
Truftees to repair and keep in Repair the faid Har- 
bour, and other publick Works, as they fhall think 
proper, and to colle£t, receive, and difpofe of the 
Money arifing by the Duty, appoint 
p. I 21. proper Officers, to gauge the Brewers 

Veflels, and Worts, which the Brev\er3 
fhall permit in the fame Manner as the Officers of Ex- 
cife are permitted. 

The Truftees are impo-^>'ered to make Orders and 
give Diredions for gauging, colle£ling, and difpo- 
fing of the A'foney arifing by the Duty as they fhall 
think moft proper for the Purpofes hereby granted ; 
and to appoint CoIIeftors, who flvall difpofe of the 
colleded Money as the Majority of Truftees fhall di- 
reft, for repairing and maintaining the Harbour and 
other public Works. 

Proper Books fhall be kept by Order of the Truf- 
tees, wherein the Particulars of all 
p. 122. Difburfements fhall be entered; and 

once everv Year (the firft being thirty 
Days after the faid firft Day of yi/nc, 1742, and fo 
fucGeflively every Year) the Accounts fhall be f lirly 
d'rawn out aftd ftated by the Collectors, and deliver- 
ed to the Majority of the Truftees on Oath ; which 
Oath any one of the Truftees has Power to admi- 
nifter. 

And for the more fpeedily effeQing the Purpofes 
of this Ad, the Majority of Truftees, by an Aft of 
the Town Council, may borrow Money, and aftign 
over the Duty as a Security to the Lenders, at com- 
mon Intereft. 

Perfons not paying the Duty when demanded, 
maybe fummoned before any of the Magiftrates ; 
and if they do not then appear or pay the Duty, any 
one of the Magiftrates may make an 
P- ^2'i- Order for the Payment, and if they 

refufe to pay three Days after Notice 
of fuch Order, the Colleftors may have a Warrant to 
diftrain; and if Payment be not made ten Days after 
the Diftrefs, they may fell the fame, and deduft for 
reafonable Charges (not exceeding a fifth Part of the 
Sum diftrained for) rendering the Overplus to the 
Owner, if any be, and demanded. 



Any Ale or Beer, brought in, or fold in the faid 
Town and Privileges, having not paid the Duty, 
fhall be forfeited, with the Cafk, for the Ufe of the 
Town. 

If any Difpute arife between the Sellers and Collec- 
tors, the Differences fhall be decided by the Vouchers, 
taken by the Excife Officers; and the Excife Olllcers 
are required to give authentick Copies of the faid 
Vouchers once in fix Weeks to feme of the Truftees, 
or their Colleftors, for that Purpofe. 

If any conceal or embezzle any Wort, Ale, or 
Beer, to avoid paying the Duty, the 
Parties convided before any two of p. 124. 

the Magiftrates fhall forfeit the Value 
of what (hall be concealed, and ten Pounds .?«// for 
the Court Charges, for which Diftrefs may be made. 

The Majority of Truftees, with Confent of the 
Overfeers after named, may farm out the Duty for 
the beft Price they can get, and apply the Money as 
this A6t direfts. 

The Right Hon. John Earl of R-^th», the Right 
Hon. James Earl of Moreto/i, the Right Hon. James 
Earl of Murray, ^c. or any three, are appointed 
Overfeers of the Duty, and Receipts, and Difburfe- 
ments thereof, and fhall meet on the firft TVetbiefday 
in Au^uji, 1743, at Kirkcaldy, and fo fucceffively on 
the ^iv. Wednefday in Augujl yearly, and adjourn as 
they fhall think proper to examine the Difburfements, 
and the Application thereof: And if 
the major Part of the fiid Overfeers p. 125. 

prefent fhall find any Mifapplication 
of the Money, or other Abufe of the Powers granted 
by this kdi, they may adjudge the Oftenders, or Em- 
bezzlers, to pay the Value of what is embezzled with 
full Cofts and Damages ; which Sentence fhall be final; 
and if any of the Overfeers fhall die, remove, or re- 
fufe to aft, any three of the remaining Overfeers may 
chufe others in their Places. 

No Diftrefs taken by Authority of this Aft, fhall 
any Ways affeft the King's Duty of Excife ; nor ftiall 
any Perfons be charged for any Quantity of Wort, if it 
fhall appear that the Duty hereby made payable, has 
been once paid. 

This A<Et fhall be deemed a publick 
A£l, and fliall be judicially taken No- p. 126. 

tice of, yr. 

ANSTRUTHER EASTER. 

In the Preamble it is faid, that a 22 Gc». II. 

great Trade has been carried on in P- 299. 
the Town of Anjfruther Eajler, in the 

County of Fife in Scotland, particularly of Fifhery, 

Y and 



l62 



Of PORTS, afc 



and that a Ciiftom-houfe has been ereded there for 
many Years on account of the Commerce of the faid 
Town, and that the Harbour thereof is very fafe and 
convenient for Ships, and efteemed the moft commo- 
dious in that Part of the Country ; and it having been 
judged neceflary, for the Improvement and Preferva- 
cion of the faid Harbour, as alfo for faciUtating the 
Sailing of ijhips in and out with more 
p. 300. Safetv, that a crofs Pier fliould be 

ereSed, which was accordingly be- 
"un, and fome Progrefs made therein ; but as the 
completing the fame will require a larger Sum than 
the Revenue of the Town will anfwer, // /'/ therefore 
enaSlcd, that ^ktT Auguji i, 1749, for the Term of 
twenty-five Years, and to the End of the then next 
SeiTion of Parliament, a Duty of two Pennies Scots, 
or one fixth Part of a Penny Sterling, (befides the 
Duty payable to his Majefty) (hould be laid on every 
Scots Pint of Ale or Beer, either brewed, brought in, 
tapped or fold in the Town or Liberties of Anjlruther 
Eajler; the Duty to be paid by the Brewers for Sale, 
or the Sellers of the faid Liquors, to the Magiftrates 
and Town Council, or fuchColledors or Receivers as 
thev fhall appoint : And the faid Magiftrates and 
Town Council, and their Succeffors in Office for the 
Time being, are appointed Truftees, to clean, deepen, 
rebuild, repair, and improve the faid Harbour and 
Piers, and for executing all other Powers given by 
this A& ; and the Money raifed by the faid Duty fhall 
be vefted in the Truftees, and be applied to the 
fcveral Purpofes aforefaid, the Charges expended in 
pafting this Act being firft deducted. 

The Truftees are to appoint proper 

p. 301. Officers to gauge the Brewers Veftels 

and Worts, which the Brewers fhall 

permit in the fame Manner as the Officers of Excife 

are permitted. 

The Truftees are impowered to make Orders, and 
give DircQions for gauging the VefTels, and collec- 
ting and difpofuig of the Money arifing by the Duty, 
as they fliall think moft proper for the Purpofes here- 
by granted ; and ftiall be paid to the ColleiSlors ap- 
pointed, who fhall difpofe of the colleded Money as 
the Majority of Truftees ftiall diredl, for the Purpofes 
aforefaid, and to no other U^e. 

Proper Books fhall be kept by Or- 
p. 302. der of the Truftees, wherein an Ac- 

count of all Receipts and Difburfe- 
ments fhall be entered; and alfo for what Ufe the 
Payments were made, and once every Year [viz. 
within thirty Days after the fiid firft Day of Aug ii/l, 
1749, and fo fuccefTiveiy every Year) the Accounts 



fhall be fairly drawn out, and ftated by the Collec- 
tors, and delivered to the Majority of Truftees on 
Oath; which Oath any one of the Truftees is to ad- 
minifter. 

And for the more fpeedily efTefting the Purpofes of 
this Aft, the Majority of Truftees by an A6t of the 
Town Council, may borrow Money, and allign over 
the Duty as a Security to the Lenders, at legal, or lefs 
Intereft, the Charges thereof to be paid out of the 
Duty ; and the Money fo borrowed fhall be applied 
in the firft Place to pay off the Charges of obtaining 
this A&, and then for the Purpofes aforefaid. 

Perfons not paying the Duty vvhen demanded, may 
be fummoned before any of the Magi- 
ftrates ; and if they do not then ap- p. 303. 
pear, or pay the Duty, any one of the 
Magiftrates may make an Order for the Payment;, 
and if they refufe to pay, three Days after Notice of 
fuch Order, the CoHedors, by Warrant, may di- 
ftrain, JsV. 

Any Ale or Beer brought in, or fold in the faid 
Town and Privileges, having not firft paid the Duty, 
fhall be forfeited, with the Cafk, for the Ufe of the 
Harbour. 

If any Difpute arife, between the Sellers and Col- 
leSors, touching theQuantity of Wort 
or Beer chargeable, the Differences p. 304. 

fhall be decided by the Vouchers taken 
by the Excife Officers, fs'c. 

If after Aug!//} i, 1749, any Perfon fhall conceal 
or embezzle any Wort, Ale, or Beer, to avoid pay- 
ing the Duty, the Oftender fhall forfeit the Value of 
what is concealed, and ten Pounds Scots, for which 
Diftrefs may be made. 

The Majority of the Truftees, with Confentof the 
Overfeers after named, may farm out the Duty by way 
of pubiick Roup, for the beft Price they can get, and 
apply the Money as this Afl directs. 

Sir y<,hn Anjlruther, of Anjlruther, Baronet, John 
Anflru'tber the younger, of Anjlruther, Efq; Sir Philip 
Anjlruther, of Balkaskie, Baronet, i£c. or any three, 
are appointed Overfeers of the Duty, . 

iSc and fhall meet on the firft Wed- ^' 

ncfday m Augiijl, 1750, Ai Anjlruther Eajler, and fo 
fuccefllvely on the firft Wednsjday in Augujl yearly (and 
adjourn as they fhall think proper) to examine the 
Receipts and Diftjurfements, and the Application 
thereof; and if the major Part of the faid Overfeers 
prefent, ftiall find any'Mifapplication of the Money, 
or other Abufe of the Powers granted by this Aift, 
they niay examine the Party, and Witnefles, and 

make 



Of PORTS, ^c. 



163 



make fuch an Order upon ConviQion as they 
fliall judge reafonable, and adjudge the Offenders 
topay the Value of what is imbezz,led, with Cofts, 

No Diftrefs taken by Authority of this Adt fhall 
any Ways affeft the King's Duty of Excife. 

This kdi fhall be deemed a public A<5t, and fhall 
be judicially taken Notice of as fuch by all Perfons 
whatfoever. 



K I N G H O R N. 



-22 Gto. II. p. 
35 '> 



In the Preamble it is faid, That the 
Harbour of the Town of Kinghom, in 
the County o^ Fife, has not only been 
of great Advantage to the faid Town, but to the 
Whole of that Part of the united Kingdom of Great- 
Britain,zwA thofe Advantages cannot be continued and 
eftablifhedjUnlefs theHarbour (which has been forfome 
Years lafl; part, and now is, in a ruinous Condition) 
be effeflually repaired, and made commodious for 
Shipping, and aiil fuch Perfons as fliall 
,p. 352. make Ufe thereof; and as the whole 

Revenue of the Town, applicable to- 
wards the repairing the faid Harbour, is not near 
fufEcient to keep the fame in good Repair, It is there- 
fore ena^ed, that after fune i, 1749, a Duty of two 
Pennies Scots, or one fixth Part of a Penny Ster- 
ling (befides the Duty of Excife payable to his Ma- 
jefty) fhould be laid on every iSfo// Pint of Ale and 
Beer, either brewed, brought in, tapped, or fold 
in the Town or Liberties of Kinghorn, i^c. 

The Provofl, Bailiffs, and Council, of the Town 
of Kinghorn, &c. are appointed Truftees for the re- 
building, or amending, and keeping the faid Harbour 
in repair ; and for collefting and difpofing of the Mo- 
ney arifuig by the faid Duty, and tbe Majority of 
them are impowercd to appoint Officers to gauge the 
Brewers Veffels, Worts, Ale, and Beer, which the 
Brewers fhall permit to be done in the fame manner 
as the Officers of Excife are permitted. 

The Truftees, or Majority of them, 
p. 353. are impowered to make Orders, and 

give Direflions for gauging the Vef- 
fels, and colledling and difpofing of the Money arif- 
ing by the Duty, as they fliall think moft proper for 
the Purpofes hereby granted ; and the fame fhall be 
paid to the Collectors appointed, who fhall difpofe of 
the collefled Money, as the Majority of the Truftees 
Ihall diredl, towards the rebuilding or repairing the 
•Harbour, and for preferving the fame, and other pub- 
lic Works of the Town, (the Charges of pafting this 
Aft being firft deduced) and to no other Mk. 



Proper Books fliall be kept by Order of the Truf- 
tees, wherein an Account of all Receipts and Dil- 
burfements fhall be entered, trfc. and once every 
Year, (viz. within thirty Days after the faid I ft Day 
of fune, 1749, and fo fuccelTively e- 
veryYear) the Accounts fhall be fair- p- 354- 

ly drawn out and ftated, iSc. 

And for the more fpeedily effefting the Purpofes 
of this Aa, the Majority of Truftees, by an Aft of 
the Town Council, may borrow Money, and alTign 
over the Duty, as a Security to the Lenders, at le- 
gal, or lefs Intereft, the Charges thereof to be paid 
out of the Duty; and the Money fo borrowed, ftiall 
be applied as the Duty arifing by this hQ., for the 
Purpofes aforefaid. 

Perfons not paying the Duty when demanded, may 
be fummoned before any of the Ma- 
gilT:rates, who may diftrain for it, and P- 355 

fell the Diftrefs, i£c. 

Any Ale or Beer brought in, or fold in the faid 
Town, ^c. having not firft paid the Duty, Ihall be 
forfeited, i^c 

If any Difpute arife between the Colkaors ar.d 
Sellers, ^c. it fhall be decided by the 
Vouchers, taken by the Excife Of- P- 33^- 

ficcrs, f5r. 

If after the ift of Jkt/c, 1749, any Perfon fliall 
conceal or inibez/.le any Wort, ^c. the Offender up- 
on Convidion fliall forfeit the Value, and ten Pounds 
Seats, &-C. 

The Majority of Truftees, may farm out the Duty 
by way of public Roup, for the beft Price they can 
get, and apply the Money as this Aft direQs. 

John Saint Clair of Saint Clair, the Honourable 
Lieutenant General fames Saint Clair of Innertiel, 
Robert Fergufon of Reatb, &c. Efqrs. or any three, are 
appointed Overfeers of the Duty, i^c. and fliall meet 
on the firft Wedneflay \n Auguft, 1 7 50, at Kinghorn, 
and fo fuccelfively on the firft Wed- 
neflay in Augufl yearly, to examine P- 357- 
the Receipts, &c. 

No Diftrefs taken by Authority of P- 35^- 

this Aff, fliall any ways affeO: the 
King's Duty of Excife, fc^r. 

This Aa fhall take Place, and be in Force from 
and after the ift oifunc, 1749, for thirty-one Ye.irs, 
and from thence to the End of the then next Seflion 
of Parliament. 

This A61 fliall be deemed a public Aft, Isic. 

N. B. As this lafl A£l is in many Particulars '.'er- 

batim the fame -with the two preceding ones, I have 

iibbreviiitcd it wherever the Senfe of it ivjuldad- 

Y 2 ""tj 



164 



0/ P O R T S, &>€. 



mit, not to trouble my Reader -with ui^necejfary Re- 
petitions, efpecially tuhere there are top many una- 
voidable ones already. 

COLCHESTER to WIVENHOE. 

23 Geo. II. p. By an A61 of 9 and 10 IVill. and 

379- Miiry, intitled, An A£t for cleanfmg, 

and making navigable, the Channel from 
the Hithe at Colchefter to Wivenhoe, feveral Duties 
were granted on Goods and Merchandizes, which 
fhould be brought in, and to the faid Channel, and 
landed or fhipped from IVivenhoe, or the Ne'w Hithe 
in Cclehejler, or between either of the faid Places, for 
the Term of twentv-one Years, for the Ufes and 
I'urpofes mentioned in the faid A(5t ; and feveral 
Powers were veiled in the Mayor, Aldermen, Afliftants, 

and Common Council of Cokhejler 
p. 380. only, for appointing Colleftors, t^fe. 

to receive the Duties ; which Aft, and 
all the Powers and Authorities thereby given, and 
one Moiety of the Duties (except upon Corn and 
Grain) were by an A£f of 5 Geo. I. continued until 
the ift of May, 1740 ; and further Power was there- 
by given to the Mayor and Commonalty only, for 
recovering the faid Duties ; and by one other Ad of 
13 Geo. II. intitled. An Acl for enlarging the Term 
granted by an Ac'} paffed the 9 and 10 Will. III. for 
cicanfing and making navigable the Channel from 
the Hithe at Cokhefler, to Wivenhoe, and for making 
the faid Afl, and another A7 of 5 Ceo. I. for enlarg- 
ing the Term, l^c. more effectual ; it is ena£led, that 
the faid two former Afts, together with the additional 
Powers, granted by the Aft of 13 Geo. II. fhould be 
in Force from the ift of May, 1740, forever; and 
that the Duty on Sea Coal ftiould, after the faid ift 
of May, be 3^/. per Chaldron, and no more, payable 
for the Term of forty Years ; and by the faid Aft it 
was declared, that no other Duty (except the Ar- 
rears due under the former Ads) fhould be raifed up- 
on any other Goods or Merchandizes whatfoever • 
and the faid Mayor and Commonalty of Cokhefler 
only, were by the laft mentioned Ad vefted with 

further Powers for fuing for the Du- 
P 38'' ties, and the Arrears under the former 

Ads: And as a very large Lock, which 
has been ereded feveral Years fince in the Channel, 
has been found of great Ufe and Service to the Na- 
\igation, and is now in a decaying Condition, and 
much out of Repair, and the Channel in fome Parts 
IS much choaked up, fo that the Navigation is greatly 
obftruded, which has been occafioned principally by 
there being great Arrears of the Duties, granted by 



the recited Ads, for many Years due, and ftill .un- 
paid ; and alfo a large Sum of Money remaining in 
the Hands of the Reprefentatives of the late Receiver 
General of the Duties, which ought to have been re-r 
covered and applied for repairing tli£ faid Lock, and 
cleanfmg the Channel ; but as the Power of the Mayor 
and Commonalty of Cokhefler had ceafed for many 
Years lail paft, (in whofe Names only the faid Du- 
ties were to be recovered, and Difcharges given) the 
faid Duties and Arrears cannot now be recovered and 
colleded, for want of Power to give Difcharges lor the 
fame ; and there being no other Fund to raife Mo- 
ney for the Purpofes aforefaid, the fame cannot now 
be done without further Provifion be made for it, by 
Authority of Parliament ; // is therefore enacled, that 
the feveral Parcels of Land fevered, and lying be- 
tween the prefeni Channel, and the Place where the 
old Channel was, and alfo theprefent Channel, Lock, 
and Lockhoufe ; and all the Powers, Matters, and 
Things, which by the three former Ads before-men- 
tioned, were vefted in the Mayor, Aldermen, l£c. of 
Colehefer, or the Commiffioners named for any of the 
Purpofes therein mentioned, (and not hereby altered 
or varied) fhall from the ift of May, 1750, be in 
Force, and be vefted in the Juftices of the Peace of 
the Eaft Divifion of the County of 
EJfcx, for the Time being, the Honou- p- 382. 

rable Richard Savage Naffait, Charles 
Gray, &c. (who are hereby conftituted Commif- 
fioners for putting the faid feveral former Ads, and 
this Ad, in Execution) and the Survivors of them, 
l^c. for the Term of thirty Years, and to the End ol 
the then next Sefllon of Parliament, ftfr. 

From and after the ift of May, 1750, an addi- 
tional Duty of 3^/. a Chaldron fhall be paid on Sea 
Coal, over and above the Duty of 3J. payable there- 
on, by Virtue of the Ad of 13 Geo. II. for the Space 
of thirty Years, and no other Duty 
(except the Arrears due under the for- p. 383. 

mer Ads) fhall be raifed on any Goods 
or Merchandizes whatfoever, and the Commiffioners 
are irapowered to levy and recover the Duty of the 
faid Ad 13 Geo. II. and the additional Duty hereby 
i granted ; together with the Money remaining in the 
Hands of the Reprefentatives of the late Receiver 
General of the Duties; and alfo all Sums of Money 
due from any Pcrfons on Account of the faid Duties, 
or Penalties, Forfeitures, l^c. 

The Commiirioners, after paying 
the Expence of this Ad, may difppfe P- 384. 

of the Monies, towards the feveral 
Ufes and Purpofes mentioned by the former Ad, in 
fuch Manner as they fliall think proper. 

The 



Of V O R T S, 



c. 



165 



The Commiitioncrs, at any of their Meetings may 
borrow Money, at a legal or lefs Intereft, on the 
Credit of the Duties, and allign over the lame (the 
Charges thereof to be paid out of the Duties) for 
any Term during the Continuance of the taft men- 
tioned, and this A£t, as a Security for Re-payment 
thereof; and the faid Money (after Payment of fuch 
of the Expences ot obtaining this AQ, as the Sums 
before diredled to be applied for that Purpofe fhall be 
deficient) is to be applied for the feveral Ufes and 
Purpofes mentioned in the prefent and former Aftrs. 

bix Days Notice, exclufive of the Days of Notice 
and Meeting, under the Hand of the Clerk to the 
Commiifioners, is to be fixed upon the Outfide of 
the Door of the Mooihall, or on the Markct-Place of 
the Town of CrjLhijier, of the Meeting of the Coin- 
miffioners to borrow Money on Credit of the Duties. 

All Mortgages and Affignments for 
p. 385. Repayment of the Aionies fo to be bor- 

rowed, are to be entered at length in 
a Book, to be kept for that Purpofe, by the Clerk to 
the ConimilTioners, which may be perufed at feafon- 
able Times, by any Perfons whomfoever, on Pay- 
ment of IS. only. 

The Commiffioners at any of their Meetings, may 
place out at Intereft, in the Names of three or more 
of them, any Sums which fhall not be immediately 
neceflary to be applied for the Purpofes before-men- 
tioned, upon any real, or Parliamentary Securities, 
or public Funds, and may call in and apply the fame, 
and the Intereft arifing thereby, from Time to Time, 
in the Support and Maintenance of the faid Lock, and 
cleanfmg the Channel, and other Purpofes aforefaid. 

The CommilTioners at any of their A'leetings, are 
impowered to chufe and appoint one or more Cul- 
leSors or Receivers of the Duties granted by the faid 
Aft of 13 Geo. II. and by this A6t, who are to give 
Security to three or more Commiftioners, for the 
Monies that fhall be received by them, and for the 
faithful Execution of their Office ; and they may alfo 
appoint a Clerk, and fuch other Officers and Ser- 
\ants, as Ihall be needful to be em- 
p. 386. ployed about the PremilTes ; and may 

remove them, and eleff others in their 
Place in Cafe of Death, or fuch Removal ; and may 
allow them reafonable Salaries out of the Monies to 
be rnifeil. 

Thirteen Commiftioners at the leaft, two of which 
are to be Juftices of the Peace of the Eaft Divifion of 
the County of Effect, are to be prefent at all Meet- 
ings, for the Purpofes of putting this, or the former 
A6ts in Execution ; and three Days Notice of every 
fuch Meeting, txclufive of the Day of Meeting, un- 



der the Hand of the Clerk, is to be fired upon the 
Outfide of the Door of the Muothall, or on the Mar- 
ket Place of the Town of Colcheffer. 

Perfons accepting of any Place of Profit, or other 
Truft relative to the faid Duties, or farming any Kay 
within the Limits of this Aft, are made incapable of 
afting as Commiftioners. 

The Prel'criptive, or other Rights of the Borough 
of Cokhejler, are to continue and remain the fame, 
as if this Aft had not been made, in all Things not 
interfering with the Direftions and due Execution 
thereof. 

All Suits orAftions, to be brought for any thing done 
under any of the former Afts, fhall be commenced 
within fix Months after the Commencement of this 
Aft; and if any Adtion or Suit iball be brought for 
any Thing that fliall be done in Purfuance of any of 
the faid former Afts, or this prefent Aft, fhall be 
commenced in fix Months after the Faft committed, 
and fhall be brought in the County q( E[fex ; and 
the Defendants may plead the General 
Iffue, that the fame was done by the P- 589. 

Authority of the f6rmer Afts, or this 
Aft; and if it fo appear, or if the Suit be brought 
in any other County, the Jury Ihall find for the De- 
fendants ; or if the Plaintitfs become Nonfuit, or 
difcontinue their Aftion, or a Verdift pafs againft 
them, or on Demurrer Judgment is given againft 
them, the Defendants iliall have treble Cofts, on the 
Certificate of the Judge before whom the Caufe was 
tried, and fhall have the fame Remedy as Defendants 
have for Cofts in other Cafes by Law. 

This Aft fhall be deemed a public Aft, and (hall 
be judicially taken Notice of as fuch by all Judges, 
isc without fpecially pleading the fame. 

WHITEHAVEN. 

Whereas the Town of JVhitebavcu 7 Ann^. 
in the County of Cumberland, is of late 
Years greatly improved in Trade and Shipping, and 
is yet capable of farther Improvements therein, to 
the great Advancement of her Majefty's Revenue, the 
Increafe of Shipping and Navigation, and the Benefit 
of the (aid Inhabitants, and of the adjacent Country, 
if the Harbour of the faid Town can be preferved, and 
was enlarged and regulated in a proper Manner: 
And whereas the Application of the accuftomed Du- 
ties, befides feveral very confiderable Sums, are 
found iniufficient to defray the growing Charges of 
maintaining the faid Harbour, and of making fuch 
new Works as are ftill neceftiiry for fecuring it : 
To the End therefore that fuch Courle may be for 

ever 



66 



0/ P O R T S, Wc. 



ever eftablilTied as _fliall be effe£lual for the Purpofes 
aforefaid, 

// is eimffed. That all that Precin£t 
S. I. Included witlun the Limits and Bounds 

herein after exprefled, viz. beginning 
at the Wharf, on the North-weft End of Marlborough 
Street, and from thence in a Line North-eaft and by 
North till the Middle of Lozvther Street, open upon 
if, and from thence in a ftreight Line parallel to the 
Range of the fame Street, direflly to the Low-Wa- 
ter Mark, from thence, by the Low- Water Mark to 
the Rock whereon the new Mole is begun to be ere£l- 
ed, and fo along the faid Rocks, by the Low- Water 
Mark, till it anfwer the Line of the faid Mole, from 
thence along that Line till it come up to the faid 
Mole, and fo along the fame Mole, till it join upon 
the old Pier at the Platform, and from thence in- 
cluding the faid Platform, along the new Wharf, till 
it meet with the Wharf of the Weft Strand, near 
the Houfe of Mary Addifon, Widow, from thence 
along the faid Wharf by the Cuftomhoufe Kay, in a 
ftreight Line to the Weft Side of the Timber- Yard, 
and fo along the Wall of the faid Yard, to the 
North-weft Corner thereof, and from thence by the 
North-weft Wall of the fame Yard to the Wharf 
where it began, as the fame has lately been fet out 
and bounded, is, and ihall be from henceforth for 
ever, the Harbour of Whitehaven aforefaid, and ap- 
propriated to the lying, anchoring, and mooring of 
all fuch Ships, VelTels, and Boats, as ftiall have Oc- 
cafion at any Time or Times hereafter to make Ufe 
of the fame, and to no other Purpofe whatfoever. 

No Houfes, Enclofures, or Build- 
s' 2- i'lgs whatfoever, ftiall at any Time 

hereafter be made nearer the faid 
.Harbour, than is hereafter limited, Wz. On the 
Weft Strand nearer than the prefent Houfes, Wr. 
there, on the new Wharf between Mrs. Addifon'^ 
Houfe, and the North-eaft Corner of Henry Waiker\ 
Ground-plot, nearer than the Range of ihe faid 
Houfe and Ground, and from thence to the Iron Oar 
Steaths, nearer than forty-eight Yards at Henry Wal- 
ker's, drawn to forty Yards, at the faid Steaths ; 
from thence to the North-eaft Corner of the faid 
Steaths, nearer than the Eall Range of the fame, 
and from thence to the Anchor-Smiths, nearer than 
eighteen Yards, and from thence to the Platform, 
nearer thin the Runge of Hrwfon's Smiihy, and 
from the Platiorm along the new Mole, to the El- 
bow of the faid Mole, nearer than twelve Yards, 
and from thence to the Low-water Mark, nearer 
than a Line ftretching to the North-weft, and along 
t-ite .Counter Mole intended to be made on the 



North-eaft Side of the faid Harbour, nearer than 
the Range of the North-eaft Side of Lovother Street, 
nor from thence to the Timber- Yard, nearer than 
fifteen Yards ; but that all the Spaces aforefaid ftiall 
be left free and open for the ereSing of Pofts for 
the Mooring of Ships and Veffels, and for other Ufes 
of common Wharfs or Kays for the Conveniency of 
the Shipping in Repairs or otherwife ; and that no- 
thing fhall be taken or demanded, for, or upon, the 
Account of Wharfage, for the Ufe of any of the faid 
Wharfs or Kays, nor for Cranage thereon, unlefs 
James Loiutber, Efq; or his Heirs, i^c. and eleven 
or more of the Truftees herein after appointed, fhall 
agree to erect or make any Crane or Cranes, or other 
Engine, on the faid Wharfs, or any of them, which 
they are hereby impowered to do, as they fhall think 
convenient, for the better loading, or unloading of 
any Goods, in which Cafe a reafonable Cranage or 
Recompence fhall be paid for the Ufes of the faid 
Harbour, by fuch Merchant or others, as fhall be 
willing to make ufe of the fame, and not otherwife. 

Provided, that the faid fames Loiv- 
thcr, his Heirs, i^c. Lords of the Ma- S. j. 

nor of St. Bees, in the faid County of 
Cumberland, fhall and may from time to time con- 
tinue the Watch-houfe, and the Blockmaker's Shop, 
and the Store Room at the End of the Pier, and re- 
pair and rebuild the fame, arul receive the Rents and 
Profits thereof to his and their own \Jit. 

A fufficient Way, open and free for S. 4. 

Carts, and other Carriages, ftiall be 
left along each of the faid Wharfs, and along the 
faid Pier, and through the Wharf between Henry 
Walker's Ground Plot and the Iron Oar Steaths, from 
the Ground of the faid James Lozvther behind the 
fame Wharf, not lefs than three Yards, next ad- 
joining upon the faid Steaths ; any thing in this Acl 
contained to the contrary notwithftanding. 

And as it is found neceffary to com- 
plete and finilTi the new Mole afore- S. 5. 
faid, an J to make a Counter-Mole and 
Head on the North-eaft Side of the faid Harbour, to 
ftrengthen and repair the Pier with a new Bulwark 
and other Works, and to cleanfe and deepen the faid 
Harbour; be it further enabled, that in lieu of the 
aforefaid accuftomed Duties of Anchorage, which 
have been heretofore ufually paid (all which Duties 
are hereby wholly and for ever taken away and dif- 
charged) there fluall be paid from and alter the 25th 
of March, 1709, for the Term of fourteen Years 
then next enfuing, the feveral Rates and Duties 
herein after mentioned, viz. One Halfpenny for eve- 
ry Ton, computing 19:2 Gallons, Winch jlsr Mea- 

fure, 



0/ P O R T S, &'c. 



167 



fare, to the Ton, for all Coals- that fhall be deliver- 
ed or put on board any Ship or Vellel in the laid 
Harbour for Exportation ; which Duty on Coals ihall 
be paid by the Mafter or other Perfon who fliall 
have the Rule or Command of fuch Ship or "^'^eflel, 
after the faid Coals are fo fliipped, and before fuch 
Ship or Veffel go out of the faid Harbour, and fliall 
be difcounted with the Owner or Proprietor of the 
faid Coals out of the Price of the fame : and the 
Taid Mafter, bfc is hereby impowered to difcount 
and detain the faid Duty accordingly. 

There fhall be paid for all Goods 
S. 6. and Merchandize, which fhall be im- 

ported and landed or difchargcd out 
of any Ship or Veffel in the faid Harbour, from and 
after the faid 25th of March, for, and during all the 
Term aforefaid, the feveral Rates and Duties fol- 
lowing, viz. For every Hogfliead of Tobacco, ^d. 
for every Hogfhead of Sugar, 6J. for every Ton of 
Wine, Brandy, or other excifeable Liquors, 2/. for 
every Ton of Hemp or Flax, i/. 6(1. for every Hun- 
dred of Deals, 8J. for every Lafl of Pitch or Tar, 
8(/. for every Ton of Iron, 1 2d. for every Ton of 
Raft or other Timber, ^d. for every Barrel of Her- 
rings, id. for every Pack of Linen, containing two 
Hundred Weight, computing ii2 Pounds to the 
Hundred Weight, is. and proportionably for every 
greater or lefs Quantity of the faid Goods and Mer- 
chandifes refpeQively, and for all other Goods and 
Merchandifes fo imported, 2d. in every 20/. of the 
Value, as they fhall be rated and charged at the Cuf- 
tomhoufe ; all which Sums of Money and Duties 
upon Importation fhall be paid by the Merchant or 
other Perfon into whofe Cuflody or Poffeffion, or by 
whofe Order the faid Goods and Merchandife fhall be 
delivered. 

From and after the faid 25 th of 
S. 7. March, for, and during the Term 

aforefaid, every Mafler, (Jc. com- 
manding any Ship or Veffel, fhall pay for every 
fuch Ship or Veffel upon her Arrival at the faid Port 
and Harbour from any other Port or Place in the 
Kingdoms of Great-Britain or Ireland, the Sum of 
2d. per Ton, and from any Port or Place of her lafl 
Difcharge in Europe, other than the Kingdoms of 
Great-Britain or Ireland, the Sum of 4^/. per Ton ; 
and from any Port or Place of her lafl Difcharge in 
Afia, Africa, or America, the Sum of 8J. per Ton, 
according to the Tonnage of each Ship or Veffel fo 
arriving there, the faid Tonnage to be admeafured as 
is defcribed in an Acl the 5th and 6th of JViH. and 
Mar. intituled, An Acl for granting to their Maje- 
Jlies feveral Rata and Duties upon Tonnage of 
Ships, &:c. 



Provided, that for every Ship or 
Veffel, which, during the Term S. 8. 

aforefaid, fhall by Strefs of Weather 
be drove into the faid Harbour of Whitehaven, or 
fhall otherwife come into the fame for Security or 
Prefervation (the faid Port or Harbour not being the 
Port of their Difcharge or Lading) there fhall be 
paid one fourth Part of the aforefaid Duties of Ton- 
nage upon Shipping according to the Ports or Places 
from whence they fhall arrive, as aforefaid, refpec- 
tively, and no more. 

From and after the Expiration of S. 9. 

the aforefaid Term of fourteen Years, 
one third Part of the Rates and Duties herein before 
charged upon the Tonnage of Ships and Veffels, and 
no more, fliall for ever continue and be paid in 
manner aforefaid, for the perpetual Repairing, 
Cleanfing, and Maintaining of the faid Harbour of 
Whitehaven. 

And for the better Colle£l:ing and S. jo. 

Difpofing of the feveral Sums of 
Money, Rates, and Duties, hereby made payable, 
as well after the Expiration of the faid Term, as 
during the Continuance of it, and for the Making 
and Ordering of the Works herein before enume- 
rated, and for the perpetual good Order and Regu- 
lation of the Harbour aforefaid ; be it enabled, that 
the faid James Loivther, his Heirs and Affigns, Lords 
of the Manor of St. Bees, aforefaid, for the Time 
being, or, in his or their Abfence, any Perfons de- 
puted by them under their Hands and Seals, and 
fix other Perfons to be likewife nominated, appoint- 
ed, and changed from time to time, by the laid 
fames Lovulher, his Heirs and AlTigns aforefaid, un- 
der their Hands and Seals, and William Feryes, Cle- 
ment Nicholfon, Thomas Lutvjidge, Robert Blackkck, 
Elifja Gale, &:c. Merchants, until the firfl Friday in 
the Month of Augufl, 17 16; and if during that 
Term any of them happen to die or refign, then 
fuch Perfon and Perfons as the greater Part of the 
Survivors of them fhall nominate and cleiSt, during 
the Refidue of the faid Term, and from thenceforth 
fourteen Perfons to be chofen, nominated, and ap- 
pointed every three Years by Ballot, by the Majo- 
rity of the Inhabitants of the faid Town of White- 
haven, at the Time of fuch Ele£lion, dealing by 
Way of Merchandife in the Goods fubjeftcd to the 
Payments and Duties aforefaid, or any of them ; or 
being Mafler, or having any Part or Share, not lefs 
than one Sixteenth, of any Ship or Veffel then ac- 
tually belonging to the Port of Whitehaven ; the firfl: 
Fiedfion to be made on the faid firft Friday in Augujl, 
1716, aforefaid, at the Courthoufe in the Town 

of 



i6S 



0/ P O R T S, &>€. 



°f IVhitehaven ; and fo from time to time, on every 
firft Friday of every Month of Aiignjl, in every third 
Year after the faid firft Eieftion fuccefTively for ever, 

pall be, and are hereby conftituted and appointed 
Tniflees, for the ordering and directing the Collec- 
tion, Receipt, and Difpolal of the Sums of A^oney 
and Duties, which from time to time, by ^^irtue of 
this A£l, fhall become due and payable, and for or- 
dering and direfting the Building, and making the 
Works in this Aft before enumerated, and for deep- 
ening, cleanfing, and regulating the faid Harbour 
of Whitehaven, in fuch Manner as in this Act is 
provided. 

And to the End the faid Duties and 
S. II. Payments may be duly colleiEled, le- 

' vied, and paid, according to the 

true Intent and Meaning of this Aft, it is further 
enabled, that it fliall be lawful for eleven or more of 
the faid Truftees, to chufe and appoint fuch Collec- 
tors and Receivers of the Duties and Monies payable 
by this Act, and to difplace them, and appoint others 
as they ftiall think fit. 

Provided, that the fiid Truftees 
S. 12. take for fuch Colleftors, fefr. good 

and fufficient Security for the faithful 
Difchargeof their refpeftive Duties, ijc. 

The faid Colleftors and Receivers 
S. 13. fliall receive for their Pains in exe- 

cuting their Offices, fuch Sums as tlie 

• Truftees fliall think fit, not exceeding, for all toge- 
ther, \zd. in the Pound: and the Truftees are 
hereby impowered to meet on thefirft FnV/ay in the 
Month of June, in every Year (or oftner if they 
think fit) at the Courthoufe in IVhitehaven, to audit 
the faid Colleftors, ^c. Accounts, which, with all 
their Proceedings relative to the Trufts, fhall be 
fairly entered into Books provided for that Pur- 
pofe. 

All the Sums of Money .md Duties 
S. 14. colleftcd by Virtue of this Aft, fliall 

be applied and difpofed for the Ufes of 
the faid Harbour, and in fuch Manner as is in this 
Aft direfted, and for no other Ufe, Intent, or Pur- 
pofc whatfoever, viz. Eleven or more of the faid 
Truftees fliall, and may from time to time, direft 
and order the Making of. the aforefaid Works, and 
the Deepening and Cleanfing of the faid Harbour, in 
fuch Manner as they fliall think moft necefl"ary and 
conducive to the Ends and Purpofes aforefaid, ac- 
cording to the true Intent and Meaning of this Aft ; 
and fliall likewife order and direft the Fixing and 
Erecting of Ports for Alooring, on the faid Pier and 
Wharfs a* they fhall think expedient, and the per- 



petual Repairing of the faid Pier, Moles, Wharfs, 
and mooring Ports, and the Cleanfing and Maintain- 
ing of the faid Harbour ; and fliall order the Re- 
moval of all Annoyances to the faid Harbour and 
Wharfs, and may contr.aft with Workmen; but 
firft repay the Charges of palTing this Aft, is'c. 

Provided alw.iys, that no other 
Walls, Enclofures, or Breaft-works, S. 15, 

but what are direfted in this Aft, be 
made within the Limits of the faid Harbour upon 
any Pretence whatfoever, without the Confent and 
Approbation of the (a\A James LoiL'ther, bis Heirs, ijfc. 
and of icventeen, or more, of the rert of the fiid 
Truftees, for the Time being. 

And be it further enafled, that no 
Ship fliall unload any Ballaft in the faid S. 16. 

Harbour in the Night Time, nor 
throw any thing mto it, either of Stone, Rubbiili, 
fs'f. There fhall not be kept any Fire, nor any 
lighted Candle (except in a Lanthorn, or in Cafe of 
Neceflity) on board any Ship or Veflel lying in the 
fiiid Harbour, under different Penalties, b!c. That if 
any Ship or Veflel fhall, through Mifmanagement 
or Carelefliiefs, run foul, or bilge upon the Pier, 
Moles, or new Wharf belonging to the faid Har- 
bour, whereby the fame fliall be any ways damnifi- 
ed, the Mirter or Ruler of fuch Ship or Veflel fliall 
with all convenient Speed, upon Notice, repair the 
Damage fo fuftained, at the Charge of fuch Ship or 
Veflel, under the Penalty of double the Value there- 
of, for every fuch Negleft. That for the natural 
Securities of the faid Harbour, no Perfon fliall 
quarry, take or carry away any Stones, either be- 
low the High-Water Mark, or from the Baurgh, 
dec. 

Provided neverthelefs,^ that the faid 
fames Loivtber, &fc. and any feven- S. 17. 

teen, or more, of the reft of the 
Truftees, may from Time to Time, as they fliall 
fee Occafion to explain or alter, all or any, the afore- 
faid Orders, in this Aft particularly provided, or 
the Penalties of the fame ; and alio to fubftitute or 
make any farther, or other Orders and By-Laws, 
for the better Government and Regulation of the 
faid Harbour, and the Wharfs aforefaid, and under 
fuch Penalties, not exceeding 6s. Sd. for any one 
Offence, as they fliall judge requifite for that Pur- 
pofe ; and that they may alfo, by the like Concur- 
rence, make any other Work or Works, in, or about 
the faid Harbour, as well for the better Preferving, 
Securing, Cleanfing, and Deepening the faine, as 
alfo for the more convenient Docking, Repairing, 
and Cleanfing of Ships or Boats, or for any other 

Ufes, 



0/ P O R T S, &'c. 



169 



S, 20. 



Ufes, Improvement, or Accommodation of the faid 
Harbour, or of the Shipping therein, as they fliall 
find neceffary or expedient; any thing in this Ad 
contained to the contrary hereof notwithlland- 
ing. 

And for the more elTeflual prevent- 
S. 18. ing the throwing of Afhes, i^c. into 

the Harbour, fifteen, or more, of the 
Truftees, with the Confent of the faid James Low- 
tber, may appoint and agree with a Scavenger, 
within the faid Town, for carrying away the 
Dirt, &c. 

q All Penalties for any Offence coni- 

"' mitted within the Precin6ls of the 

faid Harbour, after dedu£ling the Charges of Pro- 
fecution, and Allowance to Informers, as the Truf- 
tees fliall think fit, fhall be applied to the Ufes of the 
faid Harbour, which Penalties may be recovered by 
Diilrefs and Sale, i^c. 

In cafe the Coiledors and Mafters 
of Ships cannot agree about the Ton- 
nage, it fliall be lawful for the faid Colkdors, at 
all convenient and feafonable Times, to enter into 
fuch Ships, and to admeafure the fame, according 
to the Diredions of the A£l: of Parliament herein 
before referred unto, which Admeafurement fliall be 
the Rule to charge fuch Ships, then, and at all Times 
afterwards ; and in cafe any Mafter, fs'r. do not upon 
reafonable Demand, pay the aforefaid Duty upon 
Coals, chargeable upon him by this A&:, and to be 
difcounted upon the Coal Owner as aforefaid ; and 
likewife in cafe any fuch Mafler do not, upon like 
reafonable Demand, after the Tonnage of faid 
Ship is agreed unto, pay the faid Duty upon Ton- 
nage, it fhall be lawful for the Colledors to take 
any Tackle, b?c. belonging unto fuch Ship or 
VeflTel, by Way of Diftrefs, and to fell the fame 
in cafe Payment is delayed for three Days, i^c 

And in cafe the Sums appointed by 

^- 21. this AQ. to be paid for any Goods or 

Merchandize imported, fliall not be 

paid by the Merchant, or Owner thereof, upon 

reafonable Demand made, the Colleftors may dif- 

train all, or any Part thereof, or any other Goods 

belonging to the faid Merchants or Owners which 

fhall then or afterwards, come to, or be found in, 

the Precinds of the faid Harbour, and in cafe of 

Non-payment in three Days, may fell the fame, i^c. 

The Officers of the Cuftoms at the 

S- 22. Port of li'biieha'jen, fliall permit the 

ColleSorsof tTie Duties hereby given, 

without Fee to refoit unto, infpecl, and take 

Copies of any Entries which fliall be made there, of 



any Goods or Merchandize, chargeable by this Adi ; 
and the faid Officers of the Cuftoms Ihall not dif- 
charge any Ship outwards, or inwards, until th.c 
Duties hereby granted, for Tonnage on Ships and 
Coals fliall be paid, to be proved by the Mallei'* 
producing a Certificate thereof under the Colledlor'* 
Hand, i^c. 

And the better to cleanfe and deep- 
en the faid Harbour, it fhall be lawful S. 23. 
for eleven or more of the Truftees, 
to order the Digging and Removing any Stones, 
Uc. within the Precind of the faid Harbour, is'c 
and likewife they fliall have free Liberty to dig, 
quarry, and take all fuch Stones within the faid H.ir- 
bour, as may be ufeful for vv-alling orotherwiie, and 
to ufe the fame in the Works of the faid Hirbour, 
and to fell fuch Part of them, as there fliall be no 
Occafion for, and apply the Money arifing by fuch 
Sales to the Ufes of the faid Harbour only; and if 
there be not Stones fufficieiit for the faid Work, to 
be got within the PreciniTts of the faid Harbour, 
they fliall have liberty to quarry, and take fo much 
more, as, togetlier with the Stones arifing within the 
Harbour, fball be necefl^ary for the Ufes and Pur- 
pofes of it, in any Place or Places upon the Sea 
Shore, within the Manor of .5"/. S-vr, l.ieyond the 
aforefaid Line, drav/n froin the Wetlern Points of 
"Tornheard-Rccks to the Baurgb. 

Eleven or more of the Truftees 
fhall by Writing under their Hands, S. 24. 

appoint a Pier-A'lafter, to continue du- 
ring their Pleafure, who fliall have Power to order 
the regular Lying, Anchoring, and Mooring of Ships 
and VelTels in the laid Harbour, and to determine 
any Difference that may happen in relation thereto, 
and to caufe a due Execution and Obfervance of the 
Rules in this A&, appointed, Ijfc. and the Trufl;ees 
are hereby impowered to allow fuch Perfon a Salary, 
not exceeding 20/. per Annum, &c. 

And for the better Security of Ships, 
which may have Occafion to put into S. 25. 

the faid Harbour in bad Weather, all 
tliat Part of lVkit(havn-B<iy, lying on the NortK 
Eaft of the faid intended Counter-Mole, fhall be al- 
ways left with a free and ops-n Beach to the full Sea, 
and no Walls, Wharfs, or Breait-Wuiks,' fliall 
at any Time be made there, upon any Pretence 
whatfocver, in any fuch Depth of Water, as may ^ 
endanger any Ship or VelTel to ftrike or run up' 
on the fame, without the Confent and Approba- 
tion of feveiiteen of the Truflees fvir the Tim; 
being. 

Z Pro- 



lyo 

Provided neverthelefs, that as the 
S. zS. Land fha1l happen to gain on the Sea, 

on the North-F.afl: Side, oF the faid 
Counter-Mole; it (hail be lawful, for fuch Perfons, 
as (hall be Owners of fuch Lnjids, to advance any 
Buildings, or other Works, at their Will or Pleafure, 
fo as not to endanger the Striking of any Ship, or 
Veflt'I thereon ; any Thing herein contained to the 
contrary thereof notwithrtanding. 

And as the temporary Duties, grant- 
S. 27. ed by this A£t, cannot of a long Time 

raife fuch a Sum of Money, as may 
be fufficient for the aforefaid extraordinary Works 
V hich are to be done at the faid Harbour ; // // there- 
fore furf her enacted, that eleven or more of the faid 
Truftees are hereby impowered by Deed, or Deeds 
indented imder their Hands and Seals, to convey and 
aflfure all the faid Duties hereby granted, or any Part 
of them, for all, or any Part of the faid Term of 
fourteen Years, as they (hall judge requifite, to any 
Perfon or Perfons, who Ihall be willing to lend, or 
advance, any Sum or Sums of Money thereupon, at 
Intereft, not exceeding the Rate of Six Pounds per 
Centum per Annum, which Money fo lent, or advan- 
ced, (hall be employed for, and towards the Ufes of 
the faid Harbour, according to the true Intent and 
Meaning of this Act, l£c. 

If any Aflion, Suit, ^c. (hall be 
S- 28. commenced, dffr. againft any Perfon, 

for any Thing that he (liall do in Pur- 
fuance of this Aft, i£c. he may plead the general 
Iffuc, £ff. And this Aft (hall be taken, and allowed, 
in all Courts, as a public A£l, lie 

Continued by 10 Annae /sr i\ Years. 

The Preamble recites the Ads 7 
13 Geo. II. and 10 Ann ce, and (hews their Defi- 
P- 3"- ciency; and then this Aa continues 

P- 3'^- the faid two recited Ads for twenty- 

P' 3'3- one Years, to commence after the I oth 

P- 3'4- Day oi April, 1740, except fo far as 

either of them are by this Ad enlarged, altered, or 
otherwife explained. 

It is further ena^eJ, that the Trurtecs appointed 
by the former, or this prefent Ad, have Power to 
mortgage all or any Part of the Duties (fubied to 
the forementioned Debt of 938/. 17/. ild.) to any 
Perfons who (hall advance Money thereon, to efFed 
the neceflary Purpofes of this Ad, and fecure the 
Repayment of the Sums fo advanced, with Intereft 
for the fame. 

The Money direded to be borrowed 

p. 315. by this Ad, (hall be applied in the firft 

Place to difcharge the faid Sum of 



(9/ P O R T S, 



^c. 



938/. 17/. 7 y. borrowed by Authorrty of formeT 
Ads, with the Intereft, and afterwards for making 
fuch new Works, as may be neceflary for improving 
the faid Harbour, and keeping the fame in good !Re- 
pair. 

After the faid Sums are paid off, and the Harbour 
judged by the Juftices of the Quarter-Seftions, to be in 
good Repair, the Temporary Duties (hall ceafe, and 
a Moiety only of the Duties on Tonnage of VefTels, 
granted by the former Ads, (hall continue, to keep 
the Harbour in repair for ever. 

This Ad fliall be deemed a public Ad, isfc. 

The Reji of the preceding Acl is only relative to mend- 
ing the Roads, and fetting up Turnpikes in the Neigh- 
bourhood of Whitehaven, and confequently having no 
Affinity ivith the Maritime Affairs lue are now treating 
of, its Infertion here would be fuperfluous and unnt- 
cejfary. 



GREENOCK. 

The Town of Greenock, in the 24 Geo, 11. 
County of Renfrew, being advanta- P- 943- 
geoufly fituated on the River Clyde, 
for carrying on both foreign and coafting Trade, the 
Superior, with the Inhabitants thereof about the 
Year 1705, began to raife Money by a voluntary 
Subfcription, for building a Harbour there, and fome 
Progrefs hath been made therein, which if completed 
would be of great Advantage to the Town, and to 
the Trade and Navigation of thofe Parts ; but the 
Produce of the Subfcription has been found infuffi- 
cient to anfwer that Purpofe, and to 
defray the Expence of Cleanfing the p 944. 

Harbour, and of performing other 
Works, which are abfolutely necefTary to render 
the fame ufeful and commodious : And as the Build- 
ing of a new Church, Townhoufe, He. are necef- 
fary and much wanted, but the Inhabitants are not 
able to raife Money to anfwer the Expence thereof, 
nor to complete the Harbour, and keep all the faid 
Works in Repair, without the Aid of Parliament ; 
It is enabled, that from and after fune I, 175 1, for 
the Term of thirty-one Years, and to the End of 
the then nextSeflion of Parliament, a Duty of two 
Pennies Scots, or one fixth Part of a Penny Sterling 
(over and above the Duty of Excife payable to his 
Majefty) (hall be laid upon every Scots Pint of Ale, 
or Beer, brewed, brought in, tapped, or fold, with- 
in the Town of Greenock, and Baronies of Eafler and 
JVefer-Greenock, and Finnart, or the Liberties 
thereof ; to be paid by the Brewers for Sale, or Ven- 
ders thereof, to John Alexander, Writer, and pre- 
fent 



0/ L I G H T- H O U S ES, ^c. 



Tent Bailiff, Robert Donald, Robert Rae, &c. Mer- 
chants, who are appointed I'ruftees for cleanfing and 
repairing the laid Harbour and Piers, and for build- 
ing ^ new Church, i^c. and for putting in Exe- 
cution all other the Powers of this 
p. 945. A£l; and the Money fo to be raifed 

fhal! be verted in them, and be appli- 
ed to the feveral Ufes and Piirpofes aforefaid ; the 
Charges of obtaining this A£t being firft dedufted. 

The Remainder of this Act is the fame as the pre- 
ceding ones of Kirkcaldy, Anjlruther-Eajler, and King- 
horn, fo excufe to infert it; and before Ifhut up this 
Article of Ports and Havens, I fhall remark, that 
every A£t concerning them, makes any Baliaft, 
Stone, Rubbilli, or any thing elfe hurtful, thrown 
into them, Penal, in Conformity with the general 
Aft of 19 Geo. II. before recited at Page 109 of this 
Work. 

LIGHT-HOUSES. 

A Light-House is a Marine Term for a Tower, 
commonly advantageoufly fituated on an Eminence 
near the Sea Coaft, or at the Entrance of fome Port 
or River, for the Guidance of Ships in dark Nights, 
by the Illumination of a Fire or Candles burnt on the 
Top of them. The firll we read of was called Pba- 
ros, from the Greek Words Pbos, in Latin, Lumen, 
Light, and Orao, Latin, Video, to fee, and this was 
fo fuperb a Fabrick, as to be reckoned one of the 
Seven Wonders of the World, and to give a gene- 
ra/ Name to all fucceiTive ones; it was built hy Ptole- 
my Philadclphus, on a fmall Ifland in the M/f's Mouth, 
near Alexandria in Egypt, and is faid to have coft that 
King 800 Ta-Ients ; it is recorded to have been built 
fquare, upon four Pillars of Glafs refembling Crabs, 
300 Cubits. high, on which a Fire was nightly burnt, 
to warn approaching Pilots of thofe dangerous Coafis, 
and by this Means direfl; them to fhun the Rifks they 
were expo(ed to; but though this was fo juftly cele- 
brated both tor its Ufe and Magnificence, it was 
equalled, if not exceeded, in Fame, by the renown- 
ed Colojfus of Rhodes, which ferved for the fame Pur- 
pofe; this inanimate Monfter was a brazen Statue of 
Apollo, fet up at the Entrance of that Ifland's Har- 
bour,with its Feet refting on the two Shores : It was 
about forty-two Yards high, and its Stride fo great, 
that the largeft Ships failed into the Port between its 
Legs, This gigantick Figure was dedicated to the Sun, 
and its prodigious Size may be afcertained by the Di- 
menfions of its little Finger, which 'tis faid few 
Men were able to embrace : It was the Work ofCha- 
ref, a Difciple of the celebrated Sculptor Lyjippt, who 



171 

was twelve Years in perfetling it, and is reported to 
have cofl about 44,000/. Sterling, though I fhould 
imagine this to be very far fhort of its Value, as when 
broken to Pieces it loaded 900 Camels ; it remained 
ereiEl for the Space of 1360 Years, and was then 
thrown down by an Earthquake, in which Proftration 
it continued for a long Time, 'till the Saracens be- 
came Mafters of the Ifle, and fold it to a Jew, who 
quickly dellroyed this Mailer-piece of Art, to accom- 
modate his removing it by the A^eans of the afore- 
mentioned Animals. 

The Tower of Cordon on the River Bourdeaux, the 
Pbare of MeJJina, the Lanthorns at Genoa, Barce- 
lona, &:c. are refpeSively ferviceable to the Ships ufing 
thofe Parts, as ours on Scilly, the Eddy/lone, Caskets,Port- 
land, Dungenefs, Foreland, Skerries, Sec. (befides the 
floating Light at theNore) are 10 Navigation in a more 
extenfive Manner. 

That on the Eddy/lone was begun by its ingenious 
Projetlor, Mr. Henry IVinJlanley of Littlebury, in the 
Countv of j^/fx, Gent, in the Year 1696, and after 
great Labour and Expence was finifhed in fomething 
more than four Years, though a much lefs Space of 
Time would have fufficed, had not the many Diffi- 
culties of ftormy Weather, Hardnefs of the Rock, 
Tides, and other Impediments he had to ftruggle with 
protracted the Woik, and rendered his firft Lodg- 
ment, or Foundation of the Building to be very 
hazardous and troublefome; however, a Perfon of 
Mr. Winjlanley'% Genius was not to be intimidated 
by the Impediments that prefented, to obftruct the 
Profecution of his intended Fabrick, but he watched 
every Spurt of fair Weather, and Ebb of the Sea, 
as well to commence, as to carry it on, and happily 
run through his Toils by concluding it in the afore- 
faid Time, though the Light was put up on the 14th 
of November, 1698, and thenceforward was inhabit- 
ed ; it flood till the 27th o( November, 1703, when 
Mr. /^;n/?^«/<7 unfortunately being in it, found he h.id 
been building his Tomb, as that dreadful Storm laid 
the Rock once more bare, and buried both him and 
his Works in the Sea ; a plain Proof of the Deficien- 
cy of human Contrivance, and of the Infecurity of 
the beft projefted Fabricks, when Providence inter- 
feres. Its Rebuilding was begun in July, 1706, by 
John Rudyerd, Gent, a Light put up therein, and made 
u(et'u\ July 28,1708, andfinitlied compleatly in 1709, 
fuice which it has withftood the Tcmjefts 'tis expofed 
to, firm and fecure. 

This Lighthoufe bears from Plymouth (or the En- 
trance of the Sound) S. and by W. and from Ram- 
head S. and half a Point Eaftwardly, and is diflant 
from the Anchoring in the aforefaid Sound; four 
Z 2 Lcajjuc?, 



Of L I G H T- H O U S E S, ^c. 



172 

Leagues, anJ from R(Vn P^int, about three Leagues 
and a half, this being the neareft Shore to the faid 
Iloufe : and the Ille oi M^iyJIone bears from the Light- 
houfe about N. E and is aifo four Leagues diftant 
South. And all Ships coming from the EaJ} or TVeJi, 
to Plymouth, have much the fame Advantage of the 
Light; all the Rocks near this Houfe are on the EaJI- 
ivurJly Side, and ftretching A'or/h, but mofl Souther- 
ly, and all are covered at High Water ; but on the 
iVe/I Side any Ship may fail clofe by the Houfe, there 
being twelve or thirteen Fathom Water, and no hid- 
den Rock ; though towards the E. and by N. about a 
Quarter of a Mile diftant from the Houfe, there lies 
one that never appears but at low Spring Tides, and 
IS the moft dangerous, as 'tis little known. 

The Sea ebbs and flows at this Rock on Spring 
Tides 19 Feet, and then at High Water all the Rocks 
are covered, though a fmooth Sea ; and it is High 
Water at the fame Time as at Plymouth ; but it runs 
Tide and half Tide ; fo that it runs EiiJI three Hours 
after it is High Water, and yet the Sea falls lower ; 
and it runs^/v/? three Hours after 'tis Low Water, and 
yet the Sea rifcth. 

At low Tides (efpeciall) Spring Tides) three great 
Ranges of Rocks appear very high, and lie almoll; 
parallel, ftretching towards the S. E. and N. W. the 
Houfe flanding th.e M'fjlermofl of all. The aforemen- 
tioned hidden Rock is a full Cable's Length from all 
thefe others, and lies as aforefaid. 

There is always a Family living in it to tend its 
Lights, and the following ASs have been made for 
it! Management and Support, -viz. 

For the Placing a Light ufeful for 
A and 5 j^nu. Thipplng in EildyJlone'iJyghxhonk, there 
Cap. 20. ftiall be paid to'the Mafter, Wardens, 

and Afllftants, of Trinity Houfe of Dept- 
fard Strand, by the Mafters, and Owners of all Eng- 
/ifi Ships and Barks, which fhall pafs by the faid 
Lighthoufe (except Coafters) i d. per Ton outward 
bound, and \d. per Ton inward bound, viz. of the 
Merchant one IVIoiety, and of the Owner the other 
Moiety ; and of all fuch Aliens Ships as fhall pafs by 
the faid Lighthoufe id. for every Ton of the Burthen 
of the Ship ; and every Coafter pafting by the faid 
Lighthoufe fhall pay 2s. for each Time ; the faid Du- 
ties to be collcQ^ed by fuch Perfons as the faid Ma- 
fler, ffff. fhall appoint, in fuch Port whence fuch 
Ship ftiall fet forth, or where fuch Ship fhall arrive, 
before they load or unload ; the faid Duties to be 
recovered by Adion of Debt, {^c 

The Duties in the A£l 4 and 5 Ann. 

8 Ami. Cap. Cap. 20. dire£fed to be paid by any 

I/- S. 1. Ship pafling by Eddyjione h'x^hthonk, 

fhall be paid for every fuch Ship, as 



well thofe belonging to her Majefty's Subje£ls, as 
Strangers, which flial! pafs by the faid Lighthoufe, 
from, or to, any Port, and fhall be received of the 
Mafter of fuch Ship, in any Part of Great-Britain or 
Ireland, and may be recovered in any of her Majefty's 
Courts of Law. 

NoCuftomhoufe Officer fhall make 
out any Cocket or other Difcharge, S. 2, 

or take any Report outwards, for any 
Ship, until the Duties granted by the faid A£l, and 
payable by the Mafter of fuch Ship, fhall be paid ; and 
that fuch Mafter produce a Light-Bill, teftifying the 
Receipt thereof. 

It fhall be lawful for every Perfon 
authorized by the Trinity Houfe, to go S. 3. 

on board any foreign Ship, to receive 
the Duties, and for Nonpayment, to diftrain any 
Tackle belonging to fuch Ship ; and in cafe of any 
Delay in Payment, for three Days after Diftrefs, it 
fhall be lawful for the Receivers of the faid Duties tp 
caufe the fame to be appointed by two Perfons, and to 
fell the faid Diftrefs. 

This A£t, and alfo the faid former 
Aa, fliall be publick Ads. S. 4. 

The following Act is concerning 
the Lighthoufe built on the Ifland Skerriet, in Confir- 
mation of Letters Patent, granted to William Trench, 
Efq; for building it, and recovers the fame Duties, 
as the preceding one, tho' all the others receive but 
half 

There are alfo fome ereSed for the Service of pri- 
vate Ports, as at Ilfordcombe, on St. Bees-Head, near 
Whitehaven, t^c. 

All the Powers and Duties granted 
in Letters Patent, bearing Date at Weji- 3 Geo. II. 
minjler, the 13th of y/z/y, it, Ann. to Cap. 36. 
William Trench, Efq; deceafed, for e- S. i. 
rcdfing a Lighthoufe on the Illand or 
Rock called Skerries, near Holy-Head, in the County of 
Anglefea, fhall have Continuance for ever, fubjeft to 
a Provifo, as to the maintaining of the Lighthoufe 
in the Letters Patent contained, and to the Trufts 
in the Ad; mentioned, and fhall be vefted in Sutton 
Morgan, Clerk, who married the only furviving 
Child of the faid William Trench. 

The faid Sutton Morgan, his Heirs 
and Afligns, may demand, of Mafters S.a; 

andOwnersof every Ship, or Bottom, 
pafling, crofllng, or failing, in, or through, St.George^s 
Channel, by Holy-Head, or Wicklozu, to or from any 
Place in Great -Britain Southward of Holy-Head, from 
or to IVicklow, or any Place Northward thereof in 
Ireland, or fljall pafs, crofs, or fail, from any Place 

NortJt- 



0/ L E t T E R S ^/ M A R Q^U E, ^f» 173 



Northward of Holy-Head, and fail between Holy- 
Head and the Calf of Man, or any way in St. 
George's Channel, to the Southward of Dublin, 
and likewife from all Coafters, pafTing to, or from, 
any Place in Great-Britain, North of Holy-Head, 
from or to any Port, ^e. South thereof, \d. 
per Ton coming into, and the like Sum per 
Ton going out of, the faid Ports in Great-Britain 
or Ireland, and double fuch Duties for any foreign 
Ship. 

Ships loaded with Coals in Great- 
S. 3. Britain, North o( Liverpoole for Ireland, 

or the greateft Part of their Loading 
being Coals, and paffing from Great-Britain to Ire- 
land, fhall only pay one Voyage in every Year, the 
fame to be paid the firft Voyage yearly, before clear- 
ing out of the Cuftomhoufes either in Great-Britain or 
Ireland. 

In Confideration of the Benefit the Pacquet-Boats 
failing betwixt Holy-Head and Dublin, receive by the 
g faid Lighthoufe, the Port Mafter Ge- 

''"■ neral fhall payt o the faid Sutton Mor- 

gan the annual Sum of 50/. without Fee Quarterly. 

If any Perfon having the Command 
S. 5. of any Ship fhall refufe to pay the Du- 

ties, it (hall be lawful for the faid 
Sutton Morgan, his Heirs, Wc. to fcize any Goods 
of any Mafler of fuch Ship, and to keep the Came 
till the Duties are paid; and in cafe of Delay in Pay- 
ment three Days after fuch feizing, he may caufe the 
fame to be appraifed, by two fworn Appraifers, and 
afterwards fell the Goods. 

Nothing herein fhall charge any of 
S. 6. his Majefty's Ships of Vi^ar. 



The faid Sutton Morgan fhall be freed 
from the Payment of 5/. per Annum 
Quit-Rent, referved by the Letters- 
Patents. 

This Aa (hall be a publick Ad. 



S. 12 



SEA-MARKS. 

The Mafters, Wardens, and Allift- 
ants of the Trinity-Houfe at Deptford 8 Elix,. Cap. 
Strand, may at their Cofts fet up Bea- 13. 
cons, and Marks for the Sea, in fuch S. z. 
Places, near the Coafts, or Forelands, 
as to them fhall feem meet. 

No Steeple, Trees, or other Things 
(landing as Sea-Marks, whereof to the S. g. 

Owner or Occupier of the Place where 
the fame doth (land, before the ill of March next 
Notice (hall be given by the Queen's Letters under 
her Signet, (hall at any Time hereafter be taken, or 
cut down, upon Pain that every Perfon, by whofe 
Confent fuch Offence fliall be committed, (hall for- 
feit 100/. iirV. and if the Perfons offending be not 
of the Value, they (hall be deemed convift of Out- 
lawry. 

And no Man may ereO: a Light- 3 Inft. 204. 
houfe. Beacon, i£c. without lawful 
Warrant and Authority. 

A'^ B. The abovementioned Trinity-Houfe is a 
Kind of College at Deptford, belonging at (irfl to a 
Company or Corporation of Seamen only, with 
Authority by the King's Charter, to take Knowledge 
of thofe that deftroy Sea Marks, i^c. but now many 
Gentry and fome Nobility are made Members or 
Elder Brothers of that Community. 



O/ Letters nf Marque and Reprifal. 



LETTERS of MARQUE are extraordinary 
Commi(rions granted to Captains or Merchants 
for Reprifals, in order to make Reparation for thofe 
Damages they have fuftained, or the Goods they 
have been defpoiled of, by Strangers at Sea. 

They feem to me always to be joined to thofe of 
Reprife, for the Reparation of a private Injury ; but 
when the Hurt of an Enemy is folely intended under 
a declared Wai^ tKe former only are granted to Pri- 
vateers, as will be fliewn in the fubfequent Chap- 
ter. 



Thefe Commiffions Jn the Law q^^^ ^ , 
have other Appellations than Reprifals ReHi&Vads 
or Letters of Marque, as Pignoratio, Lib. -i. c 2 ' 
Clarigatio, and Judrolepjia, and though S. 4. 5. 
by Virtue of thefe any Capture they 
licenfe becomes legal, yet private Authority will not 
juffify the Proceedings, as it only can be done by the 
Power of that Prince or State, whofe Subjedi the 
injured Perfon is, nor is the fame grantable even by 
them, but where the fuffering Perfon has Juftice A*- 
nied him, or illegally delayed. 

. ..,-; Thii 



Of LET TERS (j/MAR Q^U E, ^c. 



174 

This Cuftom of Reprifals is now become a Law 
by the Confent of Nations, and has been generally 
confirmed by an Article in al moll: every Treaty of 
Peace that lias for fome Years pall been made 
in Europe, under its proper ReftriQions and Limi- 
tations, as in that concluded with Spain the 13th of 
May, i66-j {Jrt. 3.) that v;ith fra/u-e 
AMo). de Jure the 21 fl of 7"///)', i66j (Jrt. 16.) that 
Mir. Pag. 27. with Holland oi' the fame Date {Art. 
S ■?. 31.) that with Denmark the nth of 

J„/l. Inft. de July, 1670, and almofl all others 
Jure Nat, .madefmce: and it was conftituted by 

them, grounded according to the 
great Jujlinian on the Urgency of human NecefTi- 
ties, as without this, great Licence would be given 
aiid tolerated for the Committing of Depredations 
and Injuries, efpeciaily if only the Goods of Rulers 
were made liable, who feldom poflTefs any thing that 
the Injured can come at, for Satisfaftion ; whereas 
the Effeds of thofe private Men, whofe Dealings 
in Trade are various, may be catcht for Recompence, 
fometimes with the greatefl; Eafe, and freeft from 
Rilque or Danger. 

And as the Benefit of this Obligation was com- 
mon to all Nations, they which were at one Time 
Sufferers, would at another Time be eafed by it, and 
Princes are not only accountable for public Injuries, 
but in Prudence fhould endeavour to prevent private 
ones, and by fetting the good Example of proteQing 
Foreigners from Wrongs, add Strength to their 
juft Demands of Redrefs, whenever their own 
SubjeSs have Occ.afion to requeft it from them. 

If therefore the injured Party can- 
Molloy de Jure not obtain his definitive Sentence or 
Mar. P. 28. Judgment, within a fit Time, againfl: 
^- S- the Perfon of whom he complains, 

or if there be a Judgment given 
againft af^parent Right md Law, and no Relief can 
be had from the Iniquity of fuch a Decree, the 
Bodies and Moveables of the Prince's Subjects 
who renders not Right, may be apprehended and' 
taken. 

But in the Profecution of this there mull be, 

1. The Oath of the Party injured, or other Tuffi- 
cient Proof, touching the pretended Injury, and of 
the certain Lofs and Damage thereby fullained. 

2. A Proof of the due Profecution, for the ob- 
taining Satisfaflion in a legal Way. 

3. The Dela) ing or Denial of Jufticc. 

4. A Complaint to his own Prince or State. 

-5v. Requifition of Juftice, by him, or them, made 
10 the furvreme Head or State, where Juftice in the 
ordinary Cot^rft; was denied. 



6. Perfiflency ftill in the Denial of Jullice. 
And all this preceding Letters of Reprilal, under 
fuch Cautions, Rellriflions, and Limitations as are 
confonant to the Law of Nations, and fubfifling 
Treaties, and as the fpecial Cafe fhall 
require ; may ifllie, not only by the Mag. Char. 
Jus Gentium and Civile, but by the C. 30. the lat- 
ancient and municipal Laws of the ^er C'laufe. 
Kingdom. 

The Reprifals grantable by the MoUoy de Jure 
Laws of England, are of two forts ; Mar. P. 29. 
Ordinary and Extraordinary ; the Or- S. 7. 
dinary, are either within, or without 
the Realm, and are alwavs granted to Englijh Mer- 
chants, who havefuflered in their Perfons, or EfFedts, 
and have had their Goods fpoiled, or taken from 
them beyond the Sea, by Merchants Strangers, and 
cannot upon Suit, or the King's demanding Juflice 
for him, 'obtain Redrefs; in fueh cafe, the injured Per- 
fon proving, that he has profecuted the Offenders irx 
a legal Courfe, and had Jullice delayed, or denied him, 
he fhall have a Writ out of Chancery, to arrefl the 
Merchants Strangers of that Nation, or their Goods 
here in England, the which is granted to the Subje6l 
opprefTed, not as a matter of Favour, but of com- 
mon Right, by tht Lord Chancellor, or Keeper of Eng- 
land, who always in fuch Cafe hath the Approba- 
tion of the King, or Council, or both, for his fo 
doing. 

The other ordinary Reprifals grant- Mol/oy de Jure 
ed for Reparation out of the Realm, Mar. P. 30. 
are always under the Great Seal of ^- 8. 
England, and cannot be revoked, or 
annulled ; and the Reafon is, becaufe the Perfon 
injured hath petitioned, and hath, according to Law,' 
made out, by Proof, his Lofs, and no Regard having 
been paid to Letters of Requeft, fent to the Prince 
of the Offender, nor Reparation made ; then the 
Letters Patent of Reprifal (being fealed) immediate- 
ly create and vefl a national Debt in the Grantee, to 
be fatisfied in fuch Manner and by fuch Means, as 
the laid Letters Patent do direQ, out of the Goods 
and Ellates of his SubjeQs, who refufes or prote- 
lates doing Right ; but though thefe Letters Patent 
are unrevokable, yet if the fupreme Power thinks the 
Execution of them cannot well be efFe6ted without 
endangering the Peace of both States, this may juftly 
caufe their Refpite till a more proper Occafion ; for 
the Statute of 4 Hen. V. C. 7. ^DgA. not rellrain 
the King's Prerogative and Authority which he had 
at the Common Law in judging the Conveniency 
and Time when they fliall be executed ; and as the 
King hath the Legiflative Pow er of Peace and War, 

in 



0/ L E T T E R S of M AR QJJ E, &'c. 



in a public Treaty for the Nation's Good, they may be 
mortified and then revoked by the Grat Seal in Purfu- 
ance of that Treaty, and Princes are always cautious 
in the framing and compofing fuch Letters Patent, 
fo as that they may not be reckoned a Breach of 
the Peace, which the granting them (for parti- 
cular Satisfa<Sticn ) in the ordinary Way, does not 
amount to. 

The Extraordinary Reprifali are by 
Ditto, P. 32. Letters of Marque, for Reparation at 
S. 'o. Sea, or any Place out of the Realm, 

grantable by the Secretaries of State, 
with the like Approbation of the King or Council, or 
both ; but they are only during the King's Pleafure, 
and to weaken the Enemy during the Time of War, 
and may at any Time be revoked. 

But before granting Letters of 
Mj/Zg; de Jure Marque, there generally precedes two 
Mar. P. 32. or three Letters of Requeft, and ac- 
"• cording to the SatisfaQion, fufficient 

or infufficient, returned in Anfwer, Commillions are 
awarded or denied ; and the Prince or State, whofe 
SubjeQ the injured Perfon is, fliould not value his 
Misfortune at folow a Rate as to refufe him the for- 
mer, for that would be to accumulate Injuries, but 
fhould likewife, if Juftice be denied, after fuch 
Requeft, arm him with Power to take Satisfaftion 
by Reprife, vi, Manu, y Militari. 

SubjeQs cannot by Force hinder 
Ditto, P. 33- the Execution even of an unjuft Judg- 
S. 12. ment, or lawfully purfue their Right 

by Force, by Reafon of the Efficacy 
of the Power over them : But Foreigners have a 
Right to compel, which yet they cannot ufe lawfully, 
fo long as they may obtain SatisfaSion by Judgment; 
though if that ceafes, then Reprifal is let in. 

Judgment is obtained either in the 
Ditto, p. 33. ordinary Courfe, by Way of Profecu- 
S. 13. tion, or Suit, ov Appeal horn the fume, 

after Sentence or Judgment given, to 
a higher Court ; or elfe in the extraordinary Way, 
■which is by Supplication, or Petition, to the fupreme 
Power ; but we mulT: underfland that to be when 
the Matter in Conlroverfy is, tarn quoad Merita 
quam quoad modum Procedendi ; not doubtful ; for in 
doubtful Matters, the Prefumption is ever for the 
Judge or Court. 

But the Reprifal muft be grounded on wrong Judg- 
ment given, in Matters not doubtful, which might 
have been redrefTed in fome Shape, either by the or- 
dinary or extraordinary Power of the Country or Place, 
and the which was apparently perverted or denied : 
Though if the Matter be doubtful, it is then other- 
wife } for inCaufes dubious or difHcult, there is a Pre- 



fumption always, that Juftice was truly adminiflered 
by them who were duly elefted and appointed for that 
Purpofe. 

And yet in this latter Cafe fome are 
of Opinion, if it was dubious, and if Paulus Leg. 
the Judgment was againfl apparent Julia D. de 
Right, the Stranger oppreffed is let ^ond. indebi- 
into his Satisfadion ; and the Reafon ^°''- 
is, becaufe the Judge's Authority is not 
the fame over Foreigners as over Subjefls, for the Mo- 
tive or Caufe abovementioned. 

If an Englijh Merchant fhall profecute a Suit in the 
ordinary Courts of Law beyond Seas, and Sentence 
or Judgment fhall pafs againfl him, from which he 
appeals to the fupreme Court, and there the firfl: 
Judgment or Sentence is confirmed, though the Com- 
plainant hath received a Judgment contrary to Right 
and Equity, yet this will be no Caufe for Letters of 
Reprifal, though perhaps it may occafion Letters of 
Requefl: (if the Circumilances and Reafons are ftrong 
for the fame) to have a Rehearing. 

But if an Englijhman fhall have Right to recover a 
Debt there, and the Debtor is committed to the Cu- 
flodyof an Officer till Payment, and he wilfully let» 
the Prifoner efcape, who then becomes infolvent, 
this Circumftance may occafion Letters of Reprifal. 

In England, if a Foreigner bring an Aflion per- 
fonal againfl /. S. and the Matter is found fpecial 
or general, and the Party prays Judgment, and the 
Court refufes it, and then the Defendant dies, and 
with him the A6lion (the Nature of it being fuch) 
the Party is here without Remedy, and the fame 
may occafion Letters of Reprifal, if it be accom- 
panied with thofe Circumflances that evince an ap- 
parent Denial of Juflice, /. e. putting it off from 
Term to Term without Caufe. 

An Englijhman profecutes his Right in the legal 
Courts beyond Seas, and the military Governor op- 
pofes the Profecution, and by Force conveys away the 
Debtor, and his Goods, and the Sentence or Judg- 
ment is obtained : Its ultimate End being Execution, 
is, by the aforementioned Means, fruftrated, and may 
occafion Letters of Reprifal. 

If any Perfon fhall be murdered, fpoiled, or other- 
wife damaged in hoftile manner, in 
the Territories or Places belonging to Molhy de Jure 
any King, to whom Letters of Re- Mar. P. 34. 
queft arc iffued forth, and if noSatisfac- ^. 15. 
tion be made for the Injury, Letters of 
Reprifal may be granted, as the petitioning Parties 
are not in fuch Cafes compelled to refort to the ordi- 
nary Profecution ; but the Prince of the Country, 
againfl whom the fame are awarded, mufl repair the 

Damage 



I 76 

D.imagc out of his or tlicir Eftates, who committed 
the Injuries; and if that proves deficient, itmuft then 
fall ai a common Debt on his Country. 

Such Letters of Requeft generally allot a Time 

certain for Damages to be repaired. 
Ditto. and if not complied with, Reprifals 

are to iffue ; thus after the MafTacre at 
Anih-jyna, and other Depredations committed by the 
Flemip, on the Eiif^Ufi, his Majefly, in 1625, ifftied 
forth his l^etters of Requeft to the States of HMand, 
for Satisfaflion within eighteen Months, otherwife 
Inciters of Reprifal fliould be granted to William 
Coiirtt-n, Efq; lor ]3cprcdations made by their Sub- 
jeds on two of his Ships, but not obtaining it in the 
limited Time, he granted to the Partners and Heirs 
. of the fald Courlin, his Letters of Marque, in the 
Form following : 

/-•HARLES II. by the Grace of God, of Enghnd, 
^ Scotland, France, and Ireland, King, Defender of 
tlie Faith, fifr. to all Chriftian People to whom thefe 
Prefents fhall come greeting: Whereas our loving 
^uh]tQ.JVill!am Courten, Efq; deceafed, and his Part- 
ners, Ann:i 1643, by the Depredation and hoftile Aft 
of one Gailand, Commander in chief of tv.o Ships be- 
longing to the Eiijl India Company of the Netherlands, 
.was, between Goa and Macao, in tlie Streights of Ma- 
lacca, deprived, and moft injurioufly fpoiled of a 
certain Ship named the Bona Efperanza, and of her 
Tackling, Apparel, and Furniture, and all the Goods 
and Lading in her, upon a very hopeful trading 
Voyage to China, which were carried to Batavia, 
and there all, in facto, without due Procefs of Law, 
confifcated. And that alfo in the fame Year, an- 
other laded Ship of our fald Subjeft, called the Henry 
B'jnadi'cntiire, being come on Ground near the Ifland 
Mauritius, was there both Ship and Goods feized up- 
on by fome of the Officers and Miniflers, and others 
under the Command of the flild Eajl India Company, 
. and utterly detained from the right Owners. And 
WliERJiAS, tbe ii\d IVilliamCourten, and his Afllgns 
in his Lifc-tiijie, ufed all pofTible Endeavours to re- 
cover the faid Ships and Goods, and to procure far- 
ther Jufticc againll the Malefactors, and yet could 
obtain no Reftitution or Satisfa£iion, whereby they 
became to be much diftrefled and utterly undone In 
tlieir Ellatc niid Credit : And that thereupon, and 
upon the moft humble Supplications and Addreffcs 
of Francis, Earl of Shreivjbury, and William Cow- 
ten, Eliq; Grandchild and Heir of the faid Sir Wil- 
liam, deceafed, Sir 'John Ay ton, and 'aw Edmond Tur- 
ner, Knights, George CurcM, and Charles Wbitaker, 
Eiqrs; on the Behalf of theuifelves, and diverfe others. 



0/ L E T T E R S c/ M A R Q^U E, ^c. 



interefted in the faid two Ships Bona Efperanza, and 
Henry Bonachenture, and in the Eftates of the faid Sir 
William Coiirten, deceafed. Sir Edward Littleton, 
Baronet, and Sir Paul Pindar, Knight, deceafed, 
that we would take their Cafe into our Princely 
Confideration. We out of a just Sense 
we then had, and ftiU have, of their unjufi: Suf- 
ferings in that Bufinefs, both by our own 
Letters under our Sign Manual, to the 
States General of the United Provinces, and by Sir 
George Downing, Knight and Baronet, our Envoy 
Extraordinary, to whom we gave efpecial Command 
fo to do, required Satisfaction to be inade, according 
to the Rules of Juftice, and the Amity and good 
Correfpondence, which we then defired to conferve 
with them firm and inviolable. And Whereas, 
after feveral Addrefl'es made to the faid States General 
by our faid Envoy, and nothing granted effeflual for 
Relief of our faid SubjeiSs (whom we take ourfelves 
in Honour and Juftice concerned to fee fatisfied and re- 
paid) We lately commanded the faid Sir George Down- 
ing to intimate and fignify to the faid States, that we 
expeiSled their final Anfwer, concerning Satisfaction 
to be made for the faid Ships and Goods, by a Time 
then prefixed, and fince elapfed, that we might fo 
govern ourfelves thereupon, that our aforefaid Sub- 
jeiSs might be relieved according to Right and Juftice, 
and yet no fatisfaftory Anfwer hath been given, fo 
that we cannot but apprehend it to be, not only a 
fruitlefs Endeavour, but a Proftituting of our Honour 
and Dignity, to make farther Application, after fo 
many Denials and Slightings. And Whereas, John 
Exton, Do(5lor of Laws, Judge of our High Admi- 
ralty Court of EnglanI, upon our Command, to cer- 
tify to us the Value of the LolTes and Damages fuftain- 
ed by the faid William Courten and Partners, whofe 
Intereft is now vefted in our loving Subjeft";, Sir Ed- 
niond Turner, Knight, and George Carew, Efq; and 
Partners, hath upon full Examination, and- Proofs 
thereof made by Witneffes in our H'gh Court of Ad- 
miralty, reported and certified tinder his Hand, that 
the fame do amount to the Sum of ohe hundred andffty 
one thoufand, ft:: hundred and twelve Pounds. 

Now KNOW YF,, that for a full Reftitution to 
be made to them, for their Ships, Goods, and 
Merchandizes, of which the faid William Courteii, 
and the AlTigns of the faid William Court'ch, 
nnd Partners, were fo defpoiled as aforefaid, with 
all fuch Cofts and Charges as they fliall be at, 
for the Recovery of the fame, We, by the 
Advice of our Privy Council, have thought 
fit, and by thefe Prefents do grant, licenfe, 
and authorize, under our Great Seal of Eng- 
land, 



0/ L E T T E R S o/ MARQJJE, &>c. 



177 



hnJ, unto our faid Subjects, Sir Edmond Turner, and 
George Careiv, their Executors, Adminiltrators, and 
Affigns, for, and on Behalf of themfelves, and 
other Perfons interefted, as aforefaid, to equip, vic- 
tual, furnifh, and to fet to Sea, from time to time, 
fuch, and fo many Ships, and Pinaces, as they fhall 
think fit; Provided always, that there be an 
Entry made and recorded in tlie Admiralty Court, 
of the Names of all Ships and VefTels, and of their 
Burden and Ammunition, and for how long Time 
they are vi6lualled ; and alfo of the Name of the 
Commander thereof, before the fame or any of them 
be fet forth to Sea ; and with the faid Ships and Pi- 
naces, by Force of Arms, to fet upon, take, and 
apprehend, any of the Ships, Goods, Monies, and 
Merchandifes, of the States General, or any of the 
SubjeSs inhabiting within any their Dominions or 
Territories, wherefoever the fame fhall be found, 
and not in any Port or Harbour in England or Ire- 
land, unlefs it be the Ships and Goods of the Parties 
who did the Wrong. And the faid Ships and Goods, 
Monies and Merchandifes, being fo taken, and 
brought into fome Port of our Realms and Domi- 
nions, an Inventory thereof fhall be taken, by Au- 
thority of our Court of Admiralty, by the Judge or 
Judges thereof for the Time tseing, upon Proof 
made before him or them, that the faid Ships, 
Goods, Wares, Merchandifes, or Money, did be- 
long to the States General, or any of the Subje6ts, 
as aforefaid, that they fhall be lawful Prize to the 
faid Sir Edmond Turner and George Caretu, their 
Executors, Adminiftrators, and Affigns, as afore- 
faid, to retain, and keep in their, or any of their 
PofTeffions, and to make Sale, and difpofe thereof in 
open Market, or however eife, to their, and every 
of their beft Advantage and Benefit, in as ample 
Manner as at any Time heretofore hath been ac- 
cuftomed byway of Reprizal, and to have and enjoy 
•the fame, as lawful Prize, and as their own proper 
'Goods: So that " neither Captain, Mafter, 
t' nor any of the Company, that fhall ferve in his 
'" own Perfon, or fhall promote and advance the 
" faid Enterprife, in Manner and Form aforefaid, 
" fhall in any Manner of wife, be reputed, or chal- 
" lenged, for any Offender againfi: any of our Laws. 
" And that alfo it fhall be lawful for all Manner of 
f Perfons, as well our Subjects, as any others, to 
" buy the faid Ships, Goods, and Merchandifes, 
." fo' taken and apprehended, by the faid Captains, 
" Mafters, and others, and adiudged as aforefaid, 
" without any Damage, Lofs, Hindrance, Trouble, 
'* or Moleftation, or Incumbrance, to btfal the faid 
'* Buyers, or any of them, in as ample and lawful 



" Manner, as if the Ships, Goods, Wares, and 
" Merchandifes, had been come, and gotten by the 
" lawful TrafEck of Merchants, or of jull Prizes in 
" the Time of open War." Provided always, 
that all Ships, Goods, and Merchandifes, taken by 
Virtue of this our Commiffion, {ha\\ be kept in 
Safety, and no Part of them wafted, fpoiled, or 
diminifhed, or the Bulk thereof broken, until Judg- 
ment hath firft part, as aforel'aid, that they are the 
Ships and Merchandiiesof the States General, or fonie 
of their Subjects as aforefaid. And if by Coloui' of 
this our Commiffion, there fhall be taken any Ships, 
Goods, or Merchandifes, of any of oar loving Sub- 
jetls, or the Subjects of any Prince, or State in good 
League or Amity with us (except the States Gene- 
ral, or their Subjefls, as aforefaid) and the Goods 
therein laden, fold and embezzled, or diminifhed, 
or the Bulk thereof broken, in any Place, before 
they fhall be adjudged to belong to the States Gene- 
ral, or fome ot their Subjedls, as aforefaid, that 
then this Commitrion fhall be of no fufficient Au- 
thority to take the faid Ships, Goods, and Merchan- 
difes, or to warrant, or fave harmlefs, fuch as fhall 
receive, buy, or intermeddle therein; but that both 
the Prizes fo taken, and the faid Ship of War, fhall 
beconfifcated to our Ufe. " And further, We 
" do hereby declare, that it is our Will and Pleafure, 
" that this Our Commiilion fhall remain in full 
" Force and Power, to all Intents and Purpqfes, 
" until the faid Sir Edmond Turner and George Carew, 
" their Executors, Adminiftrators and Affigns, as 
" aforefaid, fhall, by Virtue thereof have, by Force 
" of Arms, apprehended, taken, feized, recovered, 
" and received, from the Stales General or their 
" Subjedfs, one hundred Jifty-one thoujand, /Ix hundred 
" and tzvekv Pounds, according to the Appraifement 
" to be made by fufficient Appraifers, upon Oath, 
" nominated and authorized in our faid Court ot Ad- 
" miralty, of all fucli Ships, Goods, Wares and 
" Merchandifes, as fliall be taken from the faid 
" States General, or any of their Subjeds, by Virtoe 
" of this Commiilion, or fhall other ways recei:ve 
" Satisfadion of the Debt aforefaid, by Compofi- 
" tion to be made between thofe of the Eaji India 
" Company of the Netherla:<ds, and the faid Sir Ed- 
" mond Turner and George Carem, their Executors, 
" Adniiniflrators, and Ailigns, as aforef.iid. Not- 
" v.MTHST ANDiXG it lo happen, the prcfcnt Dif- 
" ference betw-cen Us, and the States General, de- 
" pending upon general Reprif.il, nuy be agreed 
" and conijiofed, and that in the Lttcrim a Peace 
" mav, and good Correfpondcnce be, renewed be- 
" t ween Us and the faid States General: in ivhirb 

A a " Cafe 



ly^ 



Of LETTERS of MAR QJJ E, ^c. 



" C'fe ncvertbelffs, it is our Will and Pleafure, that 
" in the Execution of this our Commiffion, no Vio- 
" lence fhali be done to the Pcrfons of the laid Sub- 
'* jefts of the faid States General, but only in Cafe 
•' of Refiftance ; and that after, in cold Blood, the 
" SubjeiE^s of the faid States General, if hurt or 
*• wounded, fhall be ufed with all convenient Office 
" of Humanity and Kindnefs. And further, 
" our Will and Pleafure is, that although it fhall 
" happen, that all Hoftility between Us and the 
'' States General, and our refpe<Sive Subjefts, fhall 
" ceafe, yet this our Commiffion fhall remain, 
" and be in full Force and Power to the faid Sir 
" Edmond Turner and George Carew, their Execu- 
" tors, Adminiftrators, and AlTigns, as aforefaid, 
" by Virtue thereof to apprehend, take, and feize, 
" by Force and Arms, fo many more of the faid 
" Ships and Goods of the States General, or any of 
*' their faid Subjedfs, as, befides the faid Sum be- 
*' forementioned, fhall countervail, fatisfy, and pay 
" all fuch Cofls and Charges, as the faid Sir Edmond 
•' "Turner and George Carew, their Executors, Ad- 
" miniftrators, or Aftlgns, as aforefaid, fhall from 
" time to time, make I'roof, to have difburfed and 
" paid, towards the Equipping, Manning, Paying, 
" Furnifting, and Vidlualling of the faid Ships, fo 
" licenfed and authorized as aforefaid, by this our 
" faid CommilTion, to be equipped, manned, fur- 
" nifhed, and viftualled, by the faid Sir Edmond 
" Turner and George Carew, their Executors, Ad- 
" miniftrators, and Adigns, as aforefaid, for the 
" Purpofe aforefaid." And our Will and Plea- 
fure is, and We do hereby require our Judge, or Judges 
of our High Court of Admiralty for the Time being, 
and all other Officers of the Admiralty, and all other 
ourjudge and Judges, OtTicers, Minifters, and Subjeds 
whatfoever, to be aiding and aiTifting to the "faid 
Sir Edmond Turner and George Carew, their Exe- 
cutors, Adminirtrators, and Afligns as aforefaid, in 
all Points in the due Execution of this our Royal 
Commiffion, and to proceed to Adjudications, and 
«dj'idge all Ships, Merchandifes, Monies, and Goods 
by Virtue th< reof to be taken, according to our Prince- 
ly Intention, hereby fignified and exprefled, and 
%o take care that this our Royal Commiffion he 
^ii'j executed, and favourably interpreted and con- 
ftrued, in all Refpefls to the Benefit and beft Ad- 
vantage of the iald Sir Edmond Turner and George 
Carenv, their Executors, Adminiftrators, and Affigns 
as aforefaid. In Witness whereof. We 
have caufed thefe our Letters to be made Pa- 
tents. Witnefs cur Self, at Wejlminjler, the 



19th Day of May, in the feventeenth Year of otir 



Reign. 



By the king. 



It is not the Place of any Man's Na- Ditto, P. 49. 
tivity, but that of his Domicil and S. 16. 
Abode ; not of his Origination, but of 
his Habitation, that fubje£ls him to Reprife; the Law 
doth not fo much confider where he was born, as 
where he lives ; therefore if Letters of Reprifal 
fliould be awarded againft the Subjefts of the Grand 
Duke of Tufcany, and a Native of Florence (but de- 
nizened or naturalized in England) fhould have a 
Ship, in a Voyage to Leghorn, taken, the Capture 
is not lawful, nor can flic be made a Prize. Yet 
by the Laws of England a natural born Subjeft can- 
not divert himfelf of his Allegiance, though he 
happens to be commorant, or a Dweller in the Ene- 
my's Country. 

It does not appear from any Prece- 
dents, that Reprifals can be granted Ditto, P. 41. 
on Misfortunes happening to Perfons S. 17. 
or their Goods, refiding or being in 
foreign Parts in Time of War there; for if any 
Misfortune happen, or is occafioned to their Effe£fs, 
or to their Perfons, they muft contentedly fit dowrj 
under their Lofs ; it being their own Fault that they 
would not fly or quit the Place, when they fore- 
faw the Country was cxpofed, or would be fubje£l 
to, the Spoil of Soldiers, and Devaftations of the 
Enemy. 

By Right, there are many Perfons Ditto, P. 41. 
exempted, and thofe whofe Perfons S. 18. 
are fo privileged have alfo Proteflion 
for their Goods, fome by the Law of Nations, 
by the Civil Law, others by the Common Law ; a- 
mong which the Ambaffadors, by the Laws of Na- 
tions, their Retinue and Goods, are ^exempt, com- 
ing from him who awarded Reprife ; the Law of 
Nations not only provides for the Dignity of him 
that fends, but alfo the fecure going and coming of 
him that is fent. 

Travellers through a Country, whofe Stay is but 
fhort, and a Merchant of another Place, than that 
againft which Reprifals are granted, although the 
Faflor of his Goods was of that Place, are not fubjedl 
to Reprifals. 

When Ships are driven into Port by Ditto, P. 42. 
Storm or Strefs of Weather, they S. 19. 
have an Exemption from the Law of 
Reprifals, according to the Jus Commune, though by 

the 



Of PRIVATEERS, fgc. 



179 



the Law of England it is otherwife, unlefs exprefsly 
provided for in the Writ or Commiffion ; but if fuch 
Ships fly from their own Country to avoid Confifca- 
tion, or for fonie other Fault, are driven in by Strefs 
of Weather, they may in fuch Cafe become fubjedt 
to be Prize ; though it is unlawful to make Seizure 
in any Ports for Reprifals, but in that Prince's who 
awarded them, or in his againft whom the fame is 
iffued ; for the Ports of other Princes or States are 
facred, and the Peace of them not to be violated 
or difturbed, but juftiy to be obferved and main- 
tained. 

If any Ship carrying Letters of Re- 
Grot, de Jure prife, attacks a Veffel, and rtie refufes 
Belli. Lib. 3. to yield, fhe may be affaulted and en- 
C. 2. S. 4. tered ; and if it falls out, though by 

Accident, that fome of thofe who re- 
fifl: are flain, the Fault will lie at their own Doors, 
for endeavouring to hinder fhe Execution of what is 
Right, and which the Law both approves and war- 
rants. 

By the Law of Nations ipfofai^o, 
Greg. Lib. 9. the Dominion of the Things taken by 

thofe to whom Letters of Marque are 
granted becomes the Captors, till the Debt and Cods, 
that is, the Original Damage and fubfequent Charges, 
are fatisfied ; which being done, the Refidue ought 
to be redored. So the Venetians ufed their Equity, 
having taken the Ships of Genoa ; they did not fpoil 
any of the Lading, but preferved the fame very care- 
fully till the Debt was paid ; which done, an entire 
Refiltution of the Things was made, without any 
Diminution. 



When perhaps for the Fault of a few, a Debt be- 
comes National, by Reafon of which the Goods of 
the Innocent become liable (if taken) for Satisfac- 
tion, in fuch Cafe the Perfon fo luffering, is entitled 
to Contribution for his Relief, being put to the 
whole Burthen, where more are bound to the fame 
thing. 

Yet when Depredations have hap- 
pened to foreign Merchants, our Moiloy dt ]\xxt 
Kings (on Complaint) have often iffued Mar. P. 44. 
Commiffions to enquire of the fame ; ^- ^°- 
and it was fo done upon the Petition 
of fome Gf«5i?/;- Merchants, who complained againfl 
the Inhabitants of the Ifle of Guernfey 
for a Depredation in taking away and P"*. 26. EJtv. 
detaining their ]\'Ierchandife and !"• 
Goods to a very great Value, out of 
a Ship wrecked by Tempefl: near that Ifle, and the 
CommifTioners were empowered to punifh the Of- 
fenders, and to make Reftitution and SatisfaiSlion for 
the Damages. 

The like Complaint was made by Pat. de An. 6. 
the Merchants of the Duke of Bre- H- V. 
iagne, of certain Depredations com- 
mitted by the Subjefts of the King of England, who 
iffued forth the like CommifTion, to give them Re- 
paration and Damages for the fame ; fo that if the 
Subjeds of the King of England fhould have their 
Goods taken by Way of Reprife for the Satisfac- 
tion of fuch Debt or Damage, they may have the 
Benefit of the like Commiffions, tomake themfelves 
whole out of the Eflates of the Offenders. 



Of Privateers or Capers. 



PRIVATEERS and CAPERS are fynony- 
mous Terms for the fame Thing, with this 
only Difference, that the latter are fmaller Veffels 
than the others ; they are generally efleemed private 
Ships of War, fitted out by Particulars, in order to 
annoy the Enemy ; though the CommifTion is nei- 
ther fo lafting nor fo honourable as that given to the 
Commander of a King's Ship, the one being certain, 
and continued whilfl his Behaviour is unexception- 
able, the other only temporary and occafional ; the 
one appointed by his Majefty, the other by a Subject 
(with the Prince's Approbation) and liable to be 
turned out at the Owners Plcafure ; and though luch 
Appointments are ancient, and very ufeful in a War 
by diftreffing the Enemy, yet many effeem tlie Ac- 
tion but one Remove from Piracy ; as the Undtrtakers 



are fuppofed to have no immediate Injury done them, 
nor have any other Motive but the Hopes of Gain, 
to animate them to the Engagement, or to mducc 
their commencing a 'I'rade of Rapine and Spoil on 
the Perfons and Goods of innocent Traders ; and by 
thefe Means encreafe the Horrors and Calamities 
which War naturally brings with it, and inlpires ; 
but vvhofoever refleSs, tlwt every Individual is injur- 
ed, when the Nation in general is fo ; and that if 
/.?'/> has ,1 Right to vindicate or revenge its Wrongs, 
Particulars muff be julfified in affording their AfTiif- 
ance ; we muff conclude, that in fo doing they only 
comply as good Subjea^, whilil ihcir Proceedings re- 
main direfted by Authority, and their SuccelTes 
againft the F.nemy are managed with that Humanity 
our own Natures, and the l,aws of Nations enjoin. 
A a 2 How- 



i8.o 



Of PRIVATEERS, ^c. 



However, leavin^^thefe Difputes to be determined 
by Cafuifts, I fliall proceed to inform my Reader of 
the Nature and Power of fuch armed Veffels, and on 
what Footing they lia\e generally been fitted out in 
the late and former Wars; and this has been under 
two different and diftinQ CommilTions, as will here- 
after be fhewn. 

The one of them is cuflomarily granted to the Pe- 
titioners for it, after they at their own Expence have 
fitted out a Privateer ; and impowers them to appro- 
priate to their own XJic whatever Prizes they make, 
after a legal Condemnation, and the Government al- 
lows tiiem befides, 5/. * for every Man aboard a Man 
of War or Privateer taken or deflroyed at the Begin- 
ning of the Engagement, and 10/. f for every Gun 
fhe had mounted, with Liberty of Cruifing where 
they pieafe ; and in cafe we are at War with more 
Potentates than one (as lately with the French and 
Spaniards) they muft have Commifllons for ading 
againft them both, otherwife a Captain carrying only 
one againft the Spaniards, and in his Courfe meets with 
and takes a Frenchman, this Prize is not good, but 
would be taken from him by any Man of War he met, 
and could not be condemned (for him) in Admiralty, 
as many experienced in the late War. 

The Manner of fitting out thefe Privateers has com- 
monly been at the joint Expence of feveral Merchants, 
and is always very expenfive, as warlike Stores are at 
all Times coftly, and their Prices more efpecially raifed 
on thefe Occafions, when the Demand for them is 
confiderably encreafed. 

In fo:ne of thefe Adventures, the Men on board go 
on the Terms of no Purchafe no Pay; and in this Cafe 
the Produce of whatever is taken goes half to the Ship 
(for the Owners) and half to the Men, divided to them 
according to the Articles of Agreement; but when 
the Men fail for Wages, the Captures appertain en- 
tirely to the 0\¥ners, except a fmall Part, which is 
«tommonly ftipulated to be given the Sailors, extra of 
ihcir Wages, in order to animate them in their Beha- 
viour ; and both Ways of arming are regulated by the 
Articles entered into between the Owners and Mari- 
' ners, of which I fhall add a Copy at the End of this 
Chapter, for my Reader's Information. 

The other CommifTion aforementioned is granted 
to Privateers taken into the King's Service, which nof- 
withflanding are fitted out at the Expence of private 
Perfons, and then let out to the Government, who 
generally pay them fo mMz\iper Month for their Hire, 
and engage to repair them in Cafe of Damage, and 
t€ pay the Value agreed for in Cafe of Lofs. 



13 and 17 Gto. II. 



f 4 and 5 II 



In his late Majefty King Williamh Reign, many 
large private Ships were engaged for in this Manner, 
and fent abroad as Convoys, i^c but fince our Ma- 
rine is fo greatly increafed, and the Government does 
not fo much ftand in need of the Merchants Afllftance 
in this Shape, as they formerly did, and confequentl.y 
do not fo often call for it. 

No Privateer may attempt any Thing againft the. 
Law of Nations, as to alTault an Ene- 
my in a Port or Haven, under the MoZ/y de Jure 
Protection of any Prince or Republic, Mar. P. 49. 
be he Friend, Ally, or Neuter; for ^- 7- 
the Peace of fuch Place muft be kept 
inviolable. 

And at the Time of granting thefe private Com- 
milTions, great Care is always taken 
(by Bond) to preferve the Leagues, Treaty Ma- 
with our Allies, Neuters and Friends, rine with Hol^ 
according to the various and feveral tond z.t Lon- 
Treaties fubfifting between us ; and it '^'"^ ^^^- '' 
is for this Reafon that Security is de- t- jJi ' 

manded, and given by refponfible Men, • ^^- , 
(not concerned in the Ship) to the Va- Prance iXSt 
lue of 1 500/. for all Ships carrying lefs Germaim in 
than 150 Men, and 3000/. for every Laye,Feb.z\^ 
Ship carrying more, that they will give 1676-7. Art. 
full Satisfadfion for any Damage or In- 10. 
jury that they fliall commit in their 
Courfes at Sea, contrary to, and in Breach of the 
aforefaid Treaties, and alio under the Penalties of for- 
feiting their CommiiTions, and for which their Ships 
are likewile made liable. 

If a Suit be commenced between the Captor of a 
Prize and the Claimer, and there is a 
Sentence or Decree given for the Party Ditto, Art. 13. 
reclaiming, fuch Sentence or Decree 
(upon Security given) fhall be put in Execution, not- 
withftanding the Appeal made by him that took the 
Prize, which fhall not be obferved in cafe the Sentence j 
fhall be given iadgainft the Claimers. 

And whereas Wie Mafters of Mer- Ditto,Art.i4. 
chant Ships, and likewife the Mariners 
and Paffengers, do fometimes fuffer many Cruel- 
ties and barbarous Ufages when they are brought 
under the Power of Ships, which take Prizes in the 
Time of War, the Takers in an inhuman Manner 
tormenting them, thereby to extort from them fuch 
Confeftions as they would have to be . 

made : It is agreed, that both his Maje- Treaty of 
fty and the States General,(hall, by the Commerce 

fevereft Proclamations, forbid all fuch ^i''' ^f"'"' 

May l^,l66j. 

11. and Mar. 

heinout 



q/ PRIVATEER S, ^c 



i8i 



Art. 21,22. heinous and inhuman OfTences, and 

Dino with as many as they {hall by lawful Proofs 

""'^''li' 7"^ find guilty of fuch Atts, they fhall take 

21,1667, Art. ^g|.g ^j^jj|. jj^gy i^g puniflied with due 

T\\,tJvi and iull: Punifhment, and which may- 
Ditto Feb. 7. . V .. .u J /u II 
1667-8 Art be a 1 error to others ; and mail com- 

, 2. mand that all the Captains and Offi- 

Ditto v/ith cers of Ships, who fliall be proved 

Denmark, July to have committed fuch heinous 

II, 167P. Practices, either themfelves, or by 

Art. 16. inftigating others to act the fame, 

Treaty Ma- q^ ^y conniving while they were done, 

^kndDeci ^^'^ (befides other Punifhments to be 

iC ' A t '■> InfliiSted, proportionally to their Of- 

Dittowith'" fences) be forthwith deprived of their 

France,Feb-2h Offices refpeaively : And every Ship 

1676-7. brought up as a Prize, whofe Mariners 

Art. I, 2. or Paffengers fhall have fuffered any 

Ditto with Torture, fhall forthwith be difmiffed- 

Sf'ain,May 11,, and freed, with all her Lading, from 

1667, Alt. 24. all further Proceedings and Examina- 

Ditto with tions againfl: her, as well judicial as 

^^66 An otherwife. 

o' '' ■ Ships may freely fail to and trade 

Ditto ff^ 7 with all Kingdoms, Countries and E- 

1667-8 Art V flates, which (hall beinPeace, Amity, 

Treaty Ma- or Neutrality, with the Prince whofe 

rine with Flag they carry, and who is at prefent 

Ditto, Dec. I, at Peace with us, and are not to be mo- 

1674, Art. 3. lefted by us, on Account of any Hofti- 

Treaty Ma- (jtigs that may at prefent fubfift, or 

"" hereafter may happen, between his 

Britannick Majefly and thofe Eflates, 



rine ^with 
France, Feb. 

At provided fuch Ships are not Bearers of 

Dittiwith contraband Goods. 

Holland Lon- -^"d to avoid Difputes about the Un- 

don, Dec. 1, derftanding the Term of contraband 
1674, Art. 7. Goods, they are exprefsly determined 
to be ONLY Arms, Pieces of Ordnance, 
ivith all Implements belonging to them, Fireballs, Pow- 
der, Match, Bullets, Pikes, Swords, Lances, Spears, 
Halberds, Guns, Mortar Pieces, Petards, Bombs, Gra- 
nadoes, Fire-Crancels, Pitched Hoops, Carriages, Muf- 
quet Re/Is, Bandeliers, Saltpetre, Mufquets, Mufquet- 
Sbot, Helmets, Corjlets, Breajlplates, Coats of Mail, 
and the like Kind of Armature, Soldiers, Horfes, and 
all other Things neceflary for the Furniture of Horfes, 
Holjiers, Belts, and all other warlike Inftruments 
whatfoever. 

All other Goods whatfoever are (by the aforemen- 
tioned Treaties) permitted freely to be carried, ex- 
cept to Places befieged ; and therefore a Privateer has 
no Right to put any Hindrance thereto, but if he 



makes a Prize of a Ship, loaden entirely with the 
abovementioned contraband Goods, both Ship and 
Loading will be condemned, and if Part be prohi- 
bited Goods, and the other Part not, the former only 
(hall become Prize, and the Ship and the Remainder 
be fet free; and in cafe the Captain of the Merchant 
Ship will deliver to the Captor that Part of his Cargo 
which is prohibited, the other Ihall receive it v/ithout 
compelling the Merchantman to go out of her Courfe, 
to any Port he thinks fit, but fhall forthwith difmifs 
her, and upon no Account hinder her from freely pro- 
fccuting her defigned Voyage. 

If fuch Ships ihall be attacked in 
order to be examined, and fhall refufe il/oZ/oy de Jure 
fubmitting thereto, they may be af- Mar. P. 52. 
faulted and entered by Force, and if ^- '3-. 
the Perfons aboard do not yield and ^^* 1^."'° "" 
furrender,thofe that refill may be flain. Repnl^ls, b. 

But if any Privateer wilfully com- 
mits any Spoil, Depredations, or any Ditto, S. 14. 
other Injuries, either on the Ships of 
Friends or Neuters, or on the Ships and Goods of 
their Fellow Subjefis, they will be punilhed in Pro- 
portion to their Crimes, either with Death or other- 
wife, and their VefTels may likevvife be fubjed to 
Forfeiture. 

Whether a Ship taken be a law- 
ful Prize or not, Ihall be tried in the Thompfon a 
Admiralty; and no Prohibition fhall Smith, \ Sid. 
be granted. In the laft War between 3^0. 2 Keebli 
us and Denmark, a Scotch Privateer ' 5 °' '7 • 
took a Ship as Prize, being a Danijh 
one, and fhe was condemned as a lawful Prize by 
the Admiralty in Scotland; and brought her upon the 
Land ; and S. libelled in the Admiralty of England, 
fuggefting that fhe was not a Denmarker, but a Ship 
of London. Per Curiam. In as much that the Matter 
is Prize, or not Prize, no Prohibition. 

One who had Letters of Marque Raymond 4^]. 
in the late Dutch War, took an Of en- ^'"i''' ■» <^"- 
der for a Dutch Ship, and brought her '^^'"4^\^|^°'- 
into Harbour, and libelled againfl: her „ 
as Prize, and the Ofender libelled in ^f^-J^ ^ ^^^ 
the Admiralty againll the Captor for 245.' \ Sid 
Damages fuftaincd, by Hurt the Ship ,5y_ 2 Keehk 
had received in Port, and a Prohibi- j5o, 364. 
tion was prayed, becaufe the Suit was 1 Vent. 173. 
for Damage done in Port, for which 
an A(Sion Ues at the Common Law ; but the Prohi- 
bition was denied, as the Original was a Caption at 
Sea, and the bringing her into Port, in order to have 
her condemned as Prize, is but a Cjnfcquence of it, 

anal 



1^2 

»nd not ontv the Original, but alfo the Confequences 
ihM be tried tliere. 

And therefore if he who hath Let- 
Barthol. in ters of Marque or Reprifal, takes the 

Lege fi quid Ships and Goods of that Nation, a- 
Bcllo D. de gainft whom the fame are awarded. 
Cap. Ang. & ^^^ carries them into the Port of any 

I u au Neuter Nation ; the Owners may there 

ab Hoftibus - . , , , « i • i 

C de Cact k^t-^ hiT, or there the Admiral may 
C6nft Gall. lawfully make Reflitution as well of 
20. Tit. 13. the Ships and Goods to the Owners, 
Art. 24. Con- as the Captive Perfons to their Liber- 
ful Maris 287. ty, for that ihe fame ought firfl to 
have been brought infra Prtejidia of 
that Prince or State, by whofe SubjeSs, and under 
whole CommifTion, the fame was taken. 

And this is entirely agreeable to the 
Trin. 17. Common Law, for z Diinkirker having 

G7r. T. in B.R. taken a French Vefl'el was driven into 
March Rep. Weymouth, and fold her there, before 
110. zKeeble fj^^ ^^^ brought infra prafidia Dom. 

hTrcle ^"^'' f^'fP-.^^^ in this Cafe it was 

ruled, that if a Ship be taken by Pi- 
racy or Letters of Marque and Repri- 
fal, and is not brought infra pne/iJia of that Prince 
or State, by whofe Subjefts the fame was taken ; it 
could not become a lawful Prize, nor were the Own- 
ers by fuch a Capture diverted of their Property; but 
if the Caption be by King's Ships, the Property will 
be immediately in the Captors, and never be diverted, 
xinlefs afterwards it be recovered by its former Proprie- 
tors, or be in Battle regained. 

If two Ships with Letters of Marque 
Mich. 3a. accidentally meet with a Prize at Sea, 

'^ and though only one attacks and takes 

tZrTBl' tr- >-^^ ^^^ rir ^^^-^s •" s,ght (han 

4v's Calb ^'^ ^" ^^"•'^' ^'"""^ of 'he Prize, tho' 

LeonarJz. ^^ afforded no Affirtance in her Cap- 

Part 182. '"""^ '■> hecaufe his Prefence however 

ftruck a Terror in the Enemy ; and 
made him yield, which perhaps he would not have 
done, had his Conqueror been llnglc ; fo that all Ships 
that arc in fight, tho' they cannot come up to affift in 
the Engagement, are entitled by the Ojmmon Law to 
an equal Diftribution in the Spoil. 

But if thofe to whom Letters of 
Rolls Abridg. Marque are granted, rtiould inftead of 
^S3°- taking the Ships and Goods, apper- 

Moorjjt. taining to that Nation, againft which 

the faid Letters are award'ed. Wilfully 
take, or fpoil the Goods of another Nation in Amity, 
this would amount to a downright Piracy, and the 
Perfons fo offending, would for fuch Fault forfeit their 



0/ P R I V A T'E E R S, afc. 



Veffel (and the Penalties in which their Securities ar« 
according to late Cuftom bound on taking out fuch 
Letters) notwithftanding their Commirtion; but this 
muft be underftood, where fuch a Capture is done in 
a piratical Manner; for if it is made upon a ftrong 
Prefumption, fupported by many Circumrtances and 
Appearances, that the Caption is juft, as belonging 
to him againrt whom the Reprifals are granted, tho' 
if on Examination it prove other wife, and the fuffer- 
ing Parties have their Ship and Goods rertored, yet 
the Captors are not liable to PunLfhment (though 
fometimes they may be to Damages.) On the con- 
trary thev are juftified in endeavouring to recover 
their Right, or diftrefs the Enemy (lor which the 
Letters were granted them) though in effefting it 
they may be miftaken, as it is namral for the Ene- 
my to cover their Effecfls in the beft Manner they 
can: It would be impoffible always to determine the 
Affair at Sea, therefore it is allowable to bring a du- 
bious Capture into Port, in order to a more nice and 
juft Scrutiny and Infpeftion, otherwife the Goods of 
an Enemy would often efcape, as has frequently hap- 
pened in the late Rupture. However, to guard 
againft unlawful Seizures, the Government have 
wifely direfted fufficient Caution be given (as before- 
mentioned) for the due Obfervance of the Letters 
according to Law, before they permit their iffuing ; 
and where there is a Breach committed, the Penalties 
are inflicted 

And in order to avoid all illegal Proceedings, but 
to aQ: with due Regularity and Conformity with the 
Tenour of the Letters granted, whenever a Prize is 
taken, and brought infra prafidia, the Captor muft 
exhibit all the Ship's Papers and captivated Mariners 
to be examined in order to Adjudication, till when 
Bulk ought not to be broken, nor may the Captain of 
the Captor fuffer any Embezzlement of the Lading, 
or fell, barter, or difpofe of any Part without Com- 
mifl^ion, as the fubfequent A£i:s willfhew. 

The Ufe of thefe fort of Veffels we were taught 
by our Neighbours, and obliged by their Example 
to encourage them, who in the firrt long War almoft 
covered the Seas, and like Locufts devoured every 
thing they could overpower ; and in the late Embroils 
we fufficieijtly experienced their Utility, if diftreffing 
the Enemy may be termed fo, as thev advantageous- 
ly inculcated the Leflbn on the original Teachers, and 
almoft ruined the Trade of the firft Inventors of thefe 
Annoyances, fo deftruQiveto the peaceful mercantile 
Ernploy; and that we might not be tardy in encoun- 
tering the Enemy, at their Weapons, the Legiflature 
have thought proper to encourage this Way of mo- 
lefting them, in the following Ads, which I infert at 

length. 



Of PRIVATEERS, ^c. 



183 



length, though a great Part being only temporary is 
now expired, but will in all Probability be revived in 
any future War. 

The Lord High Admiral, Commif- 
13 Geo. II. fioners of the Admiralty, or any three 

P. 132. of them, or their Deputies elfewhere, 

fhall, after the 4th Day of Jamiaryy 
1739, grant Commifllons, or Letters of Marque (on 
requeft of any Owners of VefTels, on their giving 
the ufual Security) to any Perfon whom fuch Owner 
ftiall nominate Commander, or in cafe of Death fuc- 
celTive Commanders, of fuch VefTels (except only for 
the Payment of the Tenths of the Prizes to the Lord 
High Admiral, or Commiflloners of the Admiralty, 
for the Attacking and Taking any Fortrefs by Land, 
or any Ship, Stores, Merchandifes, bfc poflelTed by 
the Enemy, in any Sea, Creek, Haven, or River, 
and that fuch Ship, i^c (being firft 
P. 133. adjudged lawful Prize) fliall wholly be- 

long to the Owners of fuch Privateers, 
and the Captors in fuch Proportions as fhall have been 
beforehand agreed on between themfelves, paying 
the Duties hereafter mentioned. 

The Judge, ifjc. of fuch Court of Admiralty, fliall, 
if requefted thereto, finifh within five Days the ufual 
preparatory Examination for Trial of Prizes, and the 
proper Monition fhall be iffued and executed in three 
Days after Requeft ; and in cafe no Claim of fuch 
Capture (hall be duly entered, and attefted on Oath, 
giving twenty Days Notice after the 
P. 134. Execution of fuch Monition ; or if there 

be fuch Claim, and the Claimants fhall 
not, within five Days, give Security (to be approved 
of by fuch Court of Admiralty) to pay double Cofts 
to the Captors, in cafe the fame be judged lawful 
Prize, that then the Judge, i^c. of fuch Court of 
Admiralty, on producing to him the Examinations, 
or Copies thereof, and producing on Oath all Papers 
taken in fuch Capture, or on Oath made that no fuch 
Papers were found, fhall immediately acquit fuch 
Capture, or condemn it as lawful Prize. And in 
cafe fuch Claim be duly entered, and Security given, 
and no Occafton appears to examine diftantWitnefies, 
then fuchJudge,£3V.fhall examine the prefentWitnefles 
and within ten Days after Claim and Security, pro- 
ceed to fentence the Capture as aforefaid. But if the 
Matter appear doubtful to the Judge, isfc. and it be 
found neceflary to examine Witneffes remote from 
fuch Court of Admiralty, and fuch Examination be 
defired, and an abfolute Determination infifted on, 
on both Sides, then the Capture (hall be apprai- 
fed forthwith, by fworn Appraifers, on the Part of 
the Captor ; for which Purpofe the Judge fhall caufe 
the Goods found on board, to be unladen, and put 



into proper Warehoufes, with feparate Locks, of the 
CoUeSor, and Comptroller of the Cuftoms, and 
where there is no Comptroller, of the 
naval Officer, and the Agents of the P. »3;. 

Captors and Claimants, at the Charge 
of the Parties defiring the fame ; the Claimants 
giving Security within fourteen Days after ma- 
king fuch Claim, to pay the Captors the full Value 
appraifed, if adjudged lawful Prize ; after which Se- 
curity, the Judge ihall order the faid Prize to be de- 
livered to the Claimants, or their Agents. 

And if the Claimants refufe to give Security, the 
Judge fhall take Security of the Captors, to be ap- 
proved by the Claimants, to pay the Claimants the 
appraifed Value, if it be adjudged not lawful Prize; 
and the Judge (hall proceed thereupon to make an in- 
terlocutory Order, for delivering the fame to the Cap- 
tors or their Agents. 

All Captures brought into any of our American Co- 
lonies, fhall ftay there without breaking Bulk, under 
the joint Care of the CollecEtor and Comptroller of 
the Cuftoms; or where there is no Comptroller, of 
the Naval Officer of that Port, and the Captors and 
their Agents, 'till the fame fhall be cleared or con- 
demned by final Sentence ; and on Condemnation as 
lawful Prize, if taken by a Privateer, fhall be imme- 
diately delivered to the Captors and their Agents, fub- 
jeQ: to their own Difpofal. 

If any Judges, or other Officers in 
his Majefly's Dominions abroad, ne- P. 136. 

gleQ to perform any of the Matters to 
them referred, relating to Difcharging or Condem- 
ning the Captures, as aforefaid, they fhall forfeit 500/. 

There fhall not be paid above lo/. to all the Judges 
and Officers of any Court of Admiralty abroad, for 
Condemnation of any Capture under 100 Tons Bur- 
den, nor above 15/. if the Capture be of that, or any 
greater Burden ; and on Payment of either of the 
faid Sums, the Judges, i^c. fhall be liable to all the 
feveral Penalties impofed by this Aft, if they negle(;i 
to do their Duties within the refpe6tive Times li- 
mited. 

If any Captors or Claimants fhall not be fatisfied 
with the Sentence given, in fuch Court of Admiralty 
abroad, they may appeal to CommilTioners appointed 
under the Great Seal oi Great-Britain, 
for determining fuch Appeals; to be P- 137. 
allowed as Appeals to fuch CommilTio- 
ners as are now allowed from the Court of Admiralty 
in Ent^land, if it be within fourteen Days after Sentence, 
and Security given to profecute with Effeft, and pay 
treble Coils if the Sentence be affirmed; provided 

the 



184 



Of P R I V A T E E R S, ^c. 



the Execution of any Sentence appealed from, fliall 
not be fufpcnded, if the Parties appellate give Securi- 
ty to the Court who pafled Sentence, to rertore the 
Ship, ^c. or the Value, to the Appellants, if the 
Sentence be reverfed. 

Any Commanders, Officers, l^c. who fhall em- 
bezzle any l^art of the Capture, fhall forfeit treble 
the Value of fuch Imbezzlement, i3c. 

Provided that nothing in this Aft contained, fhall 
exempt any Prizes from paying the ufual Cuftoms, or 
being fubjeft to the Laws in being, in any of his 
Majefly's Dominions. 

His Majefty,- his Heirs, i£c. are im- 

p. 139. powered to grant Charters, Commif- 

fions, i£c. in this, or any future War, 
to enable any Societies, or particular Perfons, to join 
in any Adventures by Sea or Land in America, to fur- 
prize, take, or deftroy, any Moveables or Immove- 
ables belonging to the Enemy, and to veft the Pro- 
perty of all Things fo taken in any Parts of America, 
whether Ships, Goods, Stores of War, Settlements, 
FaSories, Places of Strength, Wr. together with all 
Profits and Ad\antages accruing from the fame, in 
w hat Manner, and under fuch Regulations as his Ma- 
jefty, his Heirs, ^c. fhall think fit, and to confirm 
the laid Benefits by any farther Grants. 

Provided that no Charter, l^c. fliall rcftrain any 
of his Majefty's Subjects from having a free Trade to 
any Part ot America. 

There fliall be paid by the Trea- 
p. HO- furerof the Navy, on Bills made forth 

by the CommilTioners, to be paid ac- 
cording to Courfe, without Fee, to the Officers, Sea- 
men, l^c. that fhall have been on board fuch Priva- 
teers, in any Aftion where any Ships of War or 
Privateers fliall be taken from the Enemy or deftroy- 
ed, 5/. for every Man which was living on board any 
fjhip fo taken or dcflroyed, at the Beginning of the 
Engagement between them ; the Numbers to be 
proved by the Oaths of three or more of the chief 
Officers or Men belonging to fuch Ships of the Ene- 
my, at the Time of their being taken or deftroyed, 
before the Mayor, or other chief Magifl rate of the 
Port whereto fuch Prize, or the Men of any Ship de- 
Aioyed, fliall be brought ; which Oaths the faid 
Mayor, i£c. is hereby required to adminifter, and 
grant a Certificate thereof, without Fee, direfted to 
the_ Commiflioners of the Navy ; upon producing 
■which C rtificate, with an authentic Copy of the 
Conriei-n'tion of fuch Shipfo taken, or if deftroved, 
onpr.(<uvi;ig a Certificate from the Mayor, fs'c.'the 
Con milfo-ers cr their /\gepts flialj, within fifteen 
Days, make out iiijls ior the Amount of fuch Boun- 



ty, direded to the Treafurer of the Navy, payable: 
to, and to be divided among, the Owners, Officers, 
l£c. of any Privateer, as by written Agreement 
among themfelves fhall be diietled. 

The Bills made out for the Bounty 
aforefaid fliall be payable to the Agents p- 14«. 

of Owners, i^c of Privateers, to be 
divided as by written Contraft, i^c. 

All Captures, commonly called Flota Ships, or 
Galleons, or any Regifter Ships, bound from Buenos 
Avrcs, or Honduras, or any Goods on board the faid 
Ships, fliall be adjudged in his Majefty's High Court 
of Admiralty, and not by any Courts of Admiralty 
out of Great-Britain. 

If any Ships, ^c. belonging to his Majefty's Sub- 
jeds, fliall be taken by the Enemy, and afterwards 
retaken by any Men of War, or Privateers, under 
his Majefty's ProteSion, the faid Ships, &c. fo re- 
taken, fliall be reftored to their proper Owners, pay- 
ing in Lieu of Salvage, an eighth Part of the Value, 
after having been in Poffefnon of the 
Enemy twenty-four Hours; and if p. 142. 

above twenty-tour Hours, and under 
forty-eight Hours, a fifth Part ; and if above forty- 
eight Hours, and under ninety-fix Hours, a third 
Part, and if above ninety-fix Hours, a Moiety there- 
of: all which Payments fliall be made without De- 
dudtion : and if any Ship, fo retaken, fhall appear 
to have been fet forth by the Enemv, while in their 
Cuftody, as a Man of War, the Owners of fuch Ship 
retaken, fliall pay a full Moiety of the real Value, 
without Deduftion. 

If any Ship, &c. be taken by any Privateer, 
through Confent or Connivance ; fuch Ship, (jfc. as 
alfo the Tackle, Apparel, Furniture, and Ammu- 
nition of fuch Privateer, fliall be judged good Prize; 
and the Bond given by the Captain Ihall be forfeited 
to his A-Iajefty, iffc. 

No Privateers, touching at any of p. 143. 

the American Plantations, fhall carry 
from thence any Servant, without Confent of the 
Owner, or any other Perfon without his Ticket of 
Leave to depart, but in all Cafes be fubjeS to the 
L aws of the Country. 

For the Encouragement of the 17 Gro. II. 
Officers and Seamen of his Ma- P- 691. 692. 
jefty's Ships of War, and of all other 
BriHlb Ships, having Commiffions, or Letters 
ot Marque ; and for inducing Britlfi Seamen, 
who may be in any foreign Service to return into 
this Kingdom, and become ferviceable to his Ma- 
jefty, and for the more effe6hial fe- „ -q, 

curing and extending the Trade of his ' 

Majefty's 



0/ P R 1 V A T E E R S, &c. 



185 



Majcfty's Subjefls, // is cnacied, (the fame as the 
preceding Aiit entire with the following Additions, 
■y/s.) That all Commanders of private Ships of War, 
or JXicrchant Ships having Letters of Marque, fliall 
on going into any of thofe Ports or Harbours, be fub- 
jcct tothe feveral Diredtions and Forfeitures by fuch 
Laws made and provided. 

Some Doubts having arifen upon the Conftruc- 
tion of feveral Claufes in the foregoing A61 of 13 
Geo. II. It is therefore enabled. That after the firfl: 
Day of 'July, 1744, all Proceedings in any of his 
Majefty's Courts of Admiralty, concerning the Ad- 
judication and Condemnation of Prizes taken from 
the Spaniards, fhall be according to the Method di- 
reiEled and prefcribed by this prefent AQ:. 

Nothing in this Adt contained fhall reftrain his Ma- 
jefly, his Heirs and SiiccelTors, from giving fuch 
further Rules and DireQions to his refpe6tive Courts 
of Admiralty, for the Adjudication and Condemna- 
tion of Prizes, as his Majefty, ^c. with Advice of 
his Privy Council fliall be thought necefTary. 

And as in all private Ships of War or Merchants 

. Ships that fhall take out Letters of Marque, it is ex- 

. pedicnt for the better Difcipline and Government of 

fuch Ships, that all Perfons who fliall enter them- 

felves on board, iliould be under proper Regulations, 

to pay Obedience to the lawful Commands of the 

. chief Commanders of the faid Ships : It is therefore 

enaBed, That all Offences committed by any Officer 

or Seaman, on board any Privateer or Merchant 

Ship, taking Letters of Marque, during the prefent 

War with Spain or France, fhall be punilTied in fuch 

Manner, as the like Offences are punilliable on board 

his Majefty's Ships of War. 

All Offenders who fliall be accufed of fuch Crimes 
as are cognizable only by a Court Martial, fhall be 
confined on board fuch Privateer, ifc. in which fuch 
Offence fliall be committed, until they fhall arrive in 
fome Port in Great-Britain or Ireland, 
p. 706. or can meet with fuch a Number of 

his Majefty's Ships of War abroad, 
as are fufficient to make a Court Martial ; and upon 
Application made by the Commander of fuch Priva- 
teer to the Lord High Admiral of Great-Britain or 
the Commander in Chief of his Majefty's Hiid Ships 
of War abroad ; they are hereby authorized and re- 
quired to call a CourtMartial, for trying and punifliing 
the faid Offences. 

For Advancement of the Trade of 
igSfo. IF. Great-Britain, to, and in, the feveral 

P- 487- Britijlj Sugar Colonies in the JVe/l- 

Indies in America, for the better En- 
couragement of his Majefty's Ships, and private Ships 



of War, and the Annoying and Diminifhing the 
Power and Wealth of his Majefty's Enemies in thofe 
Parts ; and for the Increafe of Shipping and Seamen, 
for thefe and other Services ; // is enacted, that no 
Mariner, or other Perfon, who fhall ferve, or be 
retained to ferve on board any Privateer, or trading 
Veffel, that fhall be employed in any of {hzBritiJb 
Sugar Colonies in the JVeJl Indies in America, i^c. 
fliall be imprefled or taken away by any Officer be- 
longing to any of his Majefty's Ships of War, unlefs 
fuch Mariner fhall have before defer- 
ted from fuch Ship of War, at any p. 488. 

Time after the 24th of fune, 1746, 
upon Pain that the Officer fo impreffuig, bfc. con- 
trary to the Tenour and true Meaning of this A£t, 
fliall forfeit to the Mafter or Owners of fuch Veffel, 
50/. for every Man he fhall take, with full Cofts of 
Suit, Wr. 

Every Mafter or Commander of a Privateer, or 
trading Veffel, before he fliall receive in any of the 
Parts afore(;iid any Seaman, (si'c. to ferve on board, 
fhall endeavour by all the Means that he reafonably 
can, to difcover whether fuch Perfon hath deferted 
from any Man of War ; and in cafe any Commander 
fliall receive any Mariner on board, without firft 
having made fuch Endeavour towards a Difcovery, 
or if he fliall know fuch a one to be a Deferter, he 
fhall forfeit 50/. for every Man he fliall fo enter- 
tain, i^c. 

And every Mafter of a Merchant 
Ship, or Commander of a Privateer, p. 489. 

before he fliall fet fail from any Port 
belonging to any of the faid Britifj Sugar Colonies, 
fhall deliver to the chief Officer of the Cuftoms of 
the Port he fails from, an exa£l Lift of all the Men 
belonging to fuch Veffel, containing their Names, 
Ages, and Defcription of their Perfons, upon Pain 
of forfeiting 10/. for every Man he fhall receive on 
board, i^c. 

Upon the Death or Alteration of any Seaman, the 
Lift muft be altered, and fliewn to Captains of Men 
of War, and in cafe any Man belonging to his Ma- 
jefty's Ships of War fhall be found on board, whofe 
Name is not in the Lift, the Mafter or Commander 
fliall forfeit 50/. for every fuch Man, bfc. 

The Preamble fets forth,that by the 
preceding A6t of 13 Geo. II. the fole 20 Geo. II. 
Property of all Veffcis and Merchan- ?■ 59'- 
dife taken from the Spaniards, is given 
to the Officers, Wr. on board every Privateer (being 
firft adjudged lawful Prize) and diverfe Rules are 
therein eftabliflied for the Condemna- 
tion of fuch Prizes ; and by the faid P* ^^^* 

B b Aa, 



i86 



Of PRIVATEERS &c. 



hck, a Bounty is given to the Officers and Seamen, 
on their taking or deliroying the Er.emy's Ships, and 
that by the foregoing Act of 17 Geo. II. it was found 
ncccfTary that the fame Encouragement fhould be 
given to the Captors of Fri-nch Ships, l£c. 

5 All S.iles, Bills of Sale, Contraas, 

^' ^" ' Agreements, and AlTignments of 

Shares of Prizes, iSf. taken from the Enemy by 
Ships of War, or having Letters of Marque, which 
fliall be made at any Time, after the faid ift of 
"June, fliall be void and of none EflFe6l. 

The Agents are to pay the refpeQive Shares of 
Prizes and Bounty Money to all Seamen, i^c. as 
Aiall appear in Perfon, or, in their Abfence, to their 
lawful Attornics, impowered by them, in Manner 
hereinafter dirciHed, or to their Executors, i^c. 
without any Regard to Bargain or Sale whatfoever, 
concerning the fame. 

After the faid ift of June, no Letter of Attorney, 
made bv any Seaman, iSc. in any Ship of War, or 
having Letters of Marque, or by their Executors, 
i£c. in order to im power any Perfon to receive any 
Share of Prizes or Bounty Money, fhall be valid, 
unlefs the fame be made revocable, and for the Ufe 
of fuch Seaman, and be figned and executed before, 
and attefted by, the Captain and one other of the 
flgning Officers of the Ship, or the Mayor or chief 
Alagiftratc of fome Corporation. 

Letters The Method of Procuring a Letter 

° ' of Marque, is, by firft applying to 

Marqjje. ihe Admiralty Office, to defire it, 
where you mufl: give in the Name of 
the Ship and Captain you afk it for, with her Burden, 
and the Number of her Guns and Men, when (in 
conformity with the aforementioned Ads of Parlia- 
ment made for that Purpofe) you will receive an Or- 
der (a Copy of which you have herewith) to the 
Judge of the Admiralty, for the Time being, at Doc- 
Urs Commons, to make out the requefted Commifllon, 
on the Parties Compliance with the ufual Terms' 
which are, to give Bond by two Sureties joined with 
the Captain, in the Penalty of 3000/. if the Ship 
carries above 150 Men ; and if a lelTer Number, 
in the Sum of i 500/. for his due Obfervance of the 
InftruQions that are always given with the Com- 
mifllon, as w ill be ihewn by the Duplicates of them 
both hereto adjoyned, and this mufl be executed by 
them, previous to their obtaining what they follicit 
for, and confequently on your Application to the 
Judge, you mufl carry the Commander and two 
Bondlmen with you, and give in their Names, be- 
^df> tliofc of the Lieutenants, Gunner, Boatfwain, 



Carpenter, Cook, and Surgeon ; adding likeuife the 
following Particulars, viz. 

Suppofe the Ship 220 Tons, 
20 Guns, 
120 Men, 
120 Small Arms, 
120 CutKiHes, 
Barrels of Powder, 
^Wei!;ht of Shot, 
Viduais for fix Months, 
2 Suits of Sails, 
4 Anchors, 
4 Cables, 
About -^ Weight of fpare Cordage. 

The Expence at the Admiralty Office is i/. 2/. 6d. 
and at the Commons 9/. 14/. 6d. but Prodors (when 
emploved) generally charge fifteen Guineas, and 
a Broker only twelve, which latter is far from being 
extravagant, when his Lofsof Time and Attendance 
is confidered, in the Solicitation ; befides, he is al- 
mofl alw ays one of the Bondfmen (as thefe mufl have 
no Concern or Interefl in the Ship ;) and for this, he 
takes, or ought to take, an Indemnification from her 
Owners. 

An Order from 'the Lords of the Admiralty to the 
Judge of the High Court of Admiralty, to make out 
the CommiJJion. 

By the CommiJJioners for executing the Office of 
Lord High Admiral of Great-Britain and 
Ireland, i^c. 

WHEREAS by his Majcfty's Commifllon un- 
der the Great Seal of Great-Britain, bearing 
Date the We are re- 

quired and authorized to ifTue forth and grant Com- 
mifllons to any of his Majefly's Subjeds, or others, 
who we fhall deem fitly qualified in that Behalf, for 
the apprehending, feizing, and taking the Ships, 
VefTels, and Goods belonging to or 

the Vaffals and Subjeds of the King, 

or others inhabiting within any of his Countries, Ter- 
ritories, and Dominions, and fuch other Ships, Vef- 
fels, and Goods, as are or fliall be liable to Confif- 
cation, purfuant to the Refpedive Treaties between 
his Majefly and other Princes, States and Potentates, 
and to bring the fame to Judgment in his Majefly's 
High Court of Admiralty of England, or fuch other 
Court of Admiralty, as fhall be lawfully authorized 
in that Behalf, for Proceedings and Adjudication 

and 



Of PR 1 VATEE RP, ^c. 



187 



and Condrmnntion to be thereupon had, according 
to the Coi'.irc of Admiralty and Laws of Nations, 
with other Powers in the faid CommilTion exprelTed ; 
a Copy whereof, together with his Majeflv's Inftriic- 
tions under his Royal Signet and Sign Manual, re- 
mains with you : These are therefore to will and 
require you, forthwith to caufe a CommilTion or 
Letter of Marque to be iflued out of the High Court 
of Admirilty unto Com- 

mander of the Ship called the 

Burthen about Tons, 

mounted with Gun?, and navi- 

gated with Men, to fet 

forth in Warlike Manner, the faid Ship called the 

whereof the 
faid is Com- 

mander, and to apprehend, feize, and take the Ships, 
VefTels and Goods belonging to or the 

Vaflals and Subjedls of the f^'ng» or 

others inhabiting within any of his Countries, Ter- 
ritories, and Dominions, and fuch other Ships, Vef- 
fels and Goods, as are or fhall be liable to Confifca- 
tion, purfuant to the refpeclive Treaties between 
his Majefty and other Princes, States and Potentates, 
according to his Majefty's Commiffion and Inftruc- 
tions aforefaid. And you are to infert therein a 
Claufe, enjoyning the faid to 

keep an exaft Journal of his Proceedings, and therein 
particularly to take Notice of all Prizes which fhall 
be taken by him, the Nature of fuch Prizes, the 
Time and Place of their being taken, and the Value 
of them as near as he can judge ; as alfo the Sta- 
tion, Motion, and Strength of the l'"nemy as well 
as he can difcover, by the beft Intelligence he can 
get; of which he is from Time to 'ri(ne, as he fhall 
have Opportunity, to tranfmit an Account to our 
Secretary, and to keep Correfpondence with him by 
all Opportunities that fhall prefent. Provided al- 
ways, that before you iffue fuch Commiffion, Se- 
curity be given thereupon, according as is diredled 
by his Majefly's Inflruflions aforementioned, and 
hath been ufed in fuch Cafes. The faid Commiffion 
to continue in Force until further Order : For 
which this fhall be your Warrant. Given under our 
Hands, and the Seal of the Office of Admiralty this 
Day of 174 ' 

To Sir Henry Penrice, Knight, 
Judge of the High Court of 
Admiralty. 

By Command of their Lordfjips, 



The Commifpon. 



G' 



EORGE the Second, by the Grace of God King 
of Great-Britain, France, and Ireland, Defender 
of the Faith; To all People to whom thefe Pre- 
fenti fhall come greeting: Where.\s We, by our 
Declaration of the ninetesnth Day of October, in the 
Year of our Lord one thoufand [even hundred and thirty- 
nine, for the Reafons therein contained, have declared 
War againfi: Sf'ain; And whereas We by our De- 
claration of the twenty-ninth Day of March, in the 
Year of our Lord one thoufand feven hundred and forty- 
ftur, for the Reafons therein contained, have declared 
War againll: France. And whereas We by our 
CommifTion under our Great Seal of Great-Britain, 
bearing Date the eighteenth Day of June following, 
have willed, required, and authorized our High Ad- 
miral oi Great-Britain and Ireland, ts'c. for the Time 
being, and our CommitTioners for executing the Office 
of our High Admiral of Great-Britain and Ireland, i£c. 
and the CommifTioners for executing the faid Office 
for the Time being, or any three or more of them, 
to iflue forth and grant Commiilions to any ot our 
loving Subjefts or others, whom our High Admiral 
aforefaid, or our faid CommifTioners for executing 
the faid Office, and the CommiiTioners for executing 
the fame for the Time being, fhall deem fitly quali- 
fied in that Behalf, for the apprehending, feizing, 
and taking the Ships, VefTels, and Goods belonging 
to France and Spain, or the VafTals and Subjetls of the 
French King or King o( Spain, or either of them, or 
others inhabiting within any of their or either of their 
Countries, Territories, and Dominions, and fuch 
other Ships, VefTels, and Goods as are or iTiall be 
liable to Confifcation, purfuant to the refpcflive Trea- 
ties between us and other Princes, States, and Po- 
tentates, and to bring the fame to Judgment in our 
High Court of Admiralty of England, or fuch other 
Court of Admiralty as fhall be lawfully authorized in 
that Behalf for Proceedings and Adjudications, and 
Condemnation to be thereupon had according to the 
Courfe of Admiralty and Laws of Nations, and with 
fuch Claufes to be therein infcrted, and in fuch Man- 
ner, as by our faid CommifTion more at large appear- 
eih. And Whereas our faid CommifTioners for exe- 
cuting the Office of our High Admiral aforefaid have 
thought fitly 

qualified, who hath equipped, furnifhed, and vic- 
tualled a Ship called of the 
Burthen of about Tons, where- 
of he the faid is 
Commanderj And Whereas the faid 

hath given fufEcient Bail, 
B b 2 with 



83 



0/ P R I V A T E E R S, ^c. 



with Sureties, to iis fn our faid High Court of Admi- 
ralty, according to the Effect and Form fet down in 
our Inftruftions made the faid eighteenth Day of June, 
one thctifand /even hundred and forty-four, and in the 
eighteenth Year of our Reign, a Copy whereof is 
given to the faid Captain 

Know ye therefore, that We do by thefe Pre- 
fents grant Commi/Tion to, and do hcenfe and autho- 
rize the faid to fet forth 
in warlike A-Ianner the faid Ship called the 

under his own Command, and there- 
with, by Force of Arms, to apprehend, feize, and 
take, the Ships, Veflels, and Goods, belonging to 
France, and Spain, or the Vaffals and Subjefts of the 
French King or King of Spain, or either of them, or 
others inhabiting v.ithin any of their or either ot their 
Countries, Territories, and Dominions, and luch 
other Ships, Vefiels, and Goods as are or fliall be 
liable to Confifcation, purfuant to the refpeftive 
Treaties between us and other Princes, States, and 
Potentates, and to bring the fame to fuch Port as fliall 
be mcft convenient, in order to have them legally ad- 
judged in our faid High Court of Admiralty of Eng- 
Icnd, or before the Judges of fuch other Admiralty 
Court as fliall be lawfully'authorized within our Do- 
minions, which being condemned, it fhall and may 
be lawful for the faid 

to fell and difpofe of fuch Ships, "\''enels, 
and Goods, fo adjudged and condemned, in fuch Sort 
and Manner as by the Courfe of Admiralty hath been 
accuftomcd, except in fuch Cafes where it is other- 
wife direifted by our faid Inftrudlions. Provided 
always, that the faid 

keep an exaS Journal of his Proceed- 
ings, and therein particularly take Notice of all Prizes 
which fhall be taken by him, the Nature of fuch 
Prizes, the Times and Places of their being taken, 
and the \'alucs of them, as near as he can judge ; as 
alfo of the Station, Motion, and Strength of the Ene- 
mies, as well as he or his Mariners can difcover by the 
beft Intelligence he can get, and alfo ofwhatfoever 
tlfe fliall occur unto him, or any of his Officers or 
Mariners, or be difcovered or difclofed unto him or 
them, or found out by Examination or Conference 
with any Mariners or Paflengers of, or in, any the 
Ships or Veffels taken, or by any other Perfon or Per- 
fons, or by any other Ways or Means whatfoever, 
touching or concerning the Defigns of the Enemies, 
or any of their Fleets, Veffels, or Parties, and of 
their Stations, Ports, and Places, and of their Intents 
therein, and of what Merchant Ships or Veffels of the 
Enemies bound out or home, or to any other Place 



as he or his Officers or Mariners fhall liear of, and o£ 
what elfe material in thofe Cafei may arrive to his or 
their Knowledge ; of all which he fliall from Time to 
Time, as he fhall or may have Opportunity, tranfmit 
an Account to our High Admiral of Great-Britain for 
the Time being, or our faid Commillioners for exe- 
cuting the Otiice of our High Admiral aforefaid, or 
the Commiflioners for executing that Office for the 
Time being, or their Secretary, and to keep a Cor- 
refpondence with him or them by all Opportunities 
that ih all prefent. And further provided, that 
nothing be done by the faid 

or any of his Officers, Mariners, and 
Company,contrary to the true Meaning of cur forel'aid 
InftruQions, but that the faid Inftru6tions fhall be by 
them and each and every of them, as far as they or 
any of them are therein concerned, in all Particulars 
well and duly performed and obierved. And We 
pray and defue ail Kings, Princes, Potentates, Eif ates, 
and Republicks, being our Friends and Allies, and 
all others to whom it fliall appertain, to give the 
faid 

all Aid, Afliflance, and Succour, in their Ports, 
with his faid Ship, Company, and Prizes, without 
doing or fuffering to be done to him any Wrong, 
Trouble or Hindrance, We offering to do the like 
when we fliall be by them thereunto defned. AbfD 
We will and require all our Officers whatfoever, to 
give him Succour and Afllflance as Occafion fhall re- 
quire. In Witness whereof we have caufed the 
Great Seal of our High Court of Admiralty of Eng- 
land to be hereunto affixed. Given at London, the 
Day of in the 

Year of our Lord one tboufand [even hundred and 
forty-four, and in the eighteenth Year of our Reign. 

Regifter. 



Extracted from the Regiflry of the Court of Admi- 
ralty of England. 

GEORGE R. 

INSTRUCTIONS for the Commanders of fuch Mer- 
chant Ships and Feffels as may have Letters of 
Marque, or Commiffions for Private Men of War 
againjl the King of Spain, bis Vaflals and SuhjeBs, 
or others inhabiting "within any of bis Countries, 'Ter- 
ritories, or Dominions , by -virtue of cur Commiffion 
granted under the Great Seal o/ Great-Britain, bear- 
ing Date the thirtieth Day of November, 1739. 

Grjen 



Of PRIVATEERS, ^c. 



1F9 



Grjen at our Court at St. James'/, the thirtieth Day 
0/" November, 1739» in the thirteenth 2'ear of our 
Reign. 

I. 'TpHAT it {hall be lawful for the faid Comman- 
X ders of Merchant Ships and VefTels autho- 
rized by Letters of Marque, or Commiflions for pri- 
vate Men of War, to fet upon by Force of Arms, and 
fubdue and take tlie Men of War, Ships and other 
Veflels whatfoever; as alfo the Goods, Monies, and 
Merchandifes belonging to the King of Spain, his 
Vaffals and Subjetls, and others inhabiting within 
any of his Countries, Territories and Dominions, and 
fuch other Ships, Veffels, and Goods, as are, or fliall 
be, liable to Confifcation, purfuant to the Treaties 
between us and other Princes, States, and Potentates: 
But fo as that no Hoftility be committed, nor Prize 
attacked, feized, or taken, within the Harbours of 
Princes and States in Amity with us, or in their 
Rivers and Roads within Shot of their Cannon. 

II. That all Ships of what Nation foever, carrying 
any Soldiers, Arms, Powder, Ammunition, or any 
other Contraband Goods, to any of the Territories, 
Lands, Plantations, or Countries of the King ef-S^a/n, 
(liall be feized as Prizes. 

III. That the faid Commanders of fuch Merchant 
Ships and VefTels (hall bring fuch Ships and Goods as 
they have feized, or fhall fo feize and take, to fuch 
Port of this our Realm of England, or fome other 
Port of our Dominions as fhall be moft convenient 
for them, in order to have the fame legally adjudged 
in our High Court of Admiralty of England, or before 
the Judges of fuch other Admiralty Court, as fhall be 
lawfully authorized within our Dominions : But if 
fuch Prize be taken in the Mediterranean, or within 
the Streigbts of Gibraltar, then the Captor may, if 
he doth not think fit to bring the fame to fome Port 
oi England, or other our Dominions, carry fuch Ship 
and Goods into the Ports of fuch Princes or States as 
are in Alliance or Amity with us. 

IV. That after fucli Ship (hall be taken and brought 
into any Port, the Taker fliall be obliged to bring or 
fend, as foon as poflible may be, three or four of the 
principal of the Company (whereof the Mafler and 
the Pilot to be always two) of every Ship fo biought 
into Port, before the Judge of the Admiralty of Eng- 
land, or his Surrogate, or before the Judge of fuch 
other Admiralty-Court, within our Dominions, as fhafl 
be lawfully authorized as aforefaid, or fuch as fliall be 
lawfully commiflioned in that behalf, to be fworn 
and examined upon fuch Interrogatories as fhall tend 
to the Difcovery of the Truth, touching the Intereft 
or Property of fuch Ship or Ships, and of the Goods 



and Merchandizes found therein: And the Taker flia' J 
be further obliged at the Time he produceth the 
Company to be examined, to bring and deliver into 
the Hands of the Judge of the Admiralty of £'«n-/a/;(/, 
his Surrogate, or the Judge of fuch other Admiralty- 
Courts within our Dominions, as fliall be lawfully au- 
thorized, or others commifTioned as aforefaid, all fuch 
Paffes, Sea-Briefs, Charter-parties, Bills of Lading, 
Cockets, Letters, and other Documents and Writ- 
ings as fliall be delivered up, or found on board any 
fuch Ship ; the faid Taker, or one of his chief Offi- 
cers, who was prefent, and faw the faid Papers and 
Writings delivered up, or otherwife found on board 
at the Time of the Capture, making Oath, that the 
faid Papers and Writings are brought and delivered 
in, as they were received or taken, without any Fraud, 
Addition, Subdiicfion or Imbezzlement. 

V. That fuch Ships, Goods, and Merchandifes, 
taken by Virtue of Letters of A'larque or Commif- 
fions for private Men of War, fhall be kept and pre- 
ferved, and no Part of them fhall be fold, fpoiled, 
wafted, or diminifhed, and that the Bulk thereof fhall 
not be broken before Judgment be given in the High 
Court of Admiralty of England, or fome other Court 
of Admiralty lawfully authorized in that Behalf, that 
the Ships, Goods, and Merchandizes are lawful Prize; 
and that noPerfon, orPerfons taken, or furprized in 
any Ship, or Veffel, as aforefaid, though known to 
be of the Enemy's Party, fliall be in cold Blood killed, 
maimed, or by Torture or Cruelty inhumanly treat- 
ed, contrary to the common Ufage and juft Permif- 
fion of War. And whofoever fliall offend in any of 
thePremiffes, ihall befeverely puniflied. 

VI. That the faid Commanders of fuch Merchant 
Ships and VefTels, who fliall obtain the faid Letters of 
Marque or Commiflions, as aforefaid, for Private Men 
of War, fhall not do or attempt any thing againfl: the 
true Meaning of any Article or Articles, Treaty or 
Treaties, depending between us and any of our Allies, 
touching the Freedom of Commerce in the Time of 
War, and the Authority of the Paflports, or Certi- 
ficates under a certain Form in fome one of the Ar- 
ticles or Treaties fo depending between us and our 
Allies, as aforefaid, when produced and fliewed by 
any of the Subjects of our faid Allies, and fliall not 
do or attempt any thing againft our loving Subjeds, 
or the Subjefts ot any Prince or State in Amity with 
us, nor againft their Ships, Veflels, or Goods, but 
only againft the King of Spain, his Vaflals and Sub- 
jeQs, and others inhabiting within his Countries, 
Territories or Dominions, their Ships, Veflels and 
Goods, except as before excepted ; and againft fuch 

othef 



iQo 0/ PRI V 

oihf-r'^Lipf, VefTcls and Goods, as are or fliall be li- 
able to Confifcarion. 

Vil. That Rfter Cordemnntion cf any Pri/e, it 
fhall or may be lawful for the Commanders of Inch 
Merchant Ships or Veflels, or the Owners of the 
fame, to keep fuch and fo many Ships, Veflels, Goods 
and IXTcrchandizes, as f!):),!l be condemned to them, 
for lawful Prize, in their own Podtflion, to make Sale 
or difpofe thereof in open Mirket, or oihervvife, to 
their bed Advantage, in as ample JManner as at any 
Time heretofore has been accuftomed in Cafes of 
Letters of Marque, or of juft Priz.es in Time of War; 
other than Wrought Silks, Bengals, and StviiFs mix- 
«d with Silk or Kerba, of the Manufacture of Pc-rfia, 
China, OT Eaf}-Im!ia, or Callicoes painted, dyed, print- 
ed, or ftained there, which are to be depofited for 
Exportation, according to the DireQions of an A6f 
made in the eleventh Year of the Reign of the late 
King IVilliam, entituled, An A£] for the more efffBual 
fmpkying the Poor by encouraging the Manufa£}ures of 
this Kingdom: And that it fliail be lawful for all man- 
ner of Perfons, as well our Subjefls as others, ac- 
cording to Law, to buy the faid Ships, \'efreis. Goods 
and Merchandifes, fo taken and condemned for law- 
ful Prize, without any Damage or Rfoleflation to 
enfuc thereupon to the faid Buyers, or any of them, 
by reafon of the Contrafting or Dealing for the 
fame. 

VIII. That if any Ship or VefTel, belonging to us 
or our Subjefts, or to our Allies or their Subjefls, {hall 
be found in Diflrefs, by being in Fight, fet upon, or 
taken by the Enemy, tlie Captain, Officers, and 
Company, who fhall have fuch Letters of Marque or 
Commiffions as aforefaid, (hall ufe their bed Endea- 
vours to give Aid and Succour to all fuch Ship or Ships, 
and ftiall, to the utmoft of their Power, labour to 
free the fame from the Enerhy. 

IX. That our Subjcds, and all other Perfons what- 
foever, who lliall either in their own Perfons ferve, 
or bear any Charge, or Adventure, or in any fort 
further or fet forward the faid Adventure, according 
to thefe Articles, fhall ftand and be freed by Virtue 
of the faid Commifllon ; and that no Perl'on be in any 
wife reputed or challenged for an Offender againft 
our Laws, but fhall be freed, under our Proiedtio'n, 
of and from all Trouble and Vexation that might 
in any wife grow thereby, in the fame Manner as 
any other our Subjefts ought to be by Law, in their 
aiding and aflifling us, either in their own Perfons, 
or otherwife, in a lawful War againft our declared 
Enemies. 

X. That the faid Commanders of fuch Merchant 
Ships and Veflels, or their Owners or Agents, be- 



A T E E R S, ^c. 

fore the taking out CommifTions, fhall give Notice 
in Vv'riting, lubicribed with their Hands, to our 
High Admiral oi Great-Britain, for the Time being, 
or cur CommilTioners for executing the Office of 
our High Admiral, or the CommiiTioners for execu- 
ting that Office for the Time being, or the Lieute- 
nant or Judge of the faid High Court of Admiralty, 
or his Surrogate, of the Name of their Ship, and 
of the Tonnage and Burthen, and the Names of the 
Captain, Owners or Setters out of the faid Ship, / 
with the Number of Men, and the Names of the 
Officers in her, and lor what Time they are vic- 
tualled, and alfo of their Ordnance, Furniture and 
Ammunition ; to the End the fame may be regiftered 
in the faid Court of Admiralty. 

XI. That thole Commanders of fuch Merchant 
Ships and Veflels, who (hall have fuch Letters of 
Marque, or CommilTions, as aforefaid, fhall hold and 
keep, and are hereby enjoyned to hold and keep, a Cor- 
refpondence, by all Conveniences, and upon all 
Occafions, from Time to Time, with our High Ad- 
miral of Great-Britain for the Time being, or our 
Commiflioners for executing the OiKce of our High- 
Admiral, or the Commilhoners for executing that 
Office for the Time being, or their Secretary, fo as 
from Time to Time to render and give unto him or 
them, not only an Account or Intelligence of their 
Captures or Proceedings, by ^'irtue of fuch their fliid 
Letters of Marque, or CommifTions as aforefaid ; 
but alfo, of whatfoever elfe fhall occur unto them, 
or be difcovered and declared unto them, or found 
out by them, by Examination of or Conference 
with, any Mariners, or PafTengers of or in the Ships 
or ^'effels taken, or by any other Ways and Means 
whatfoever, touching or concerning the Deligns of 
the Enemy, or any of their Fleets, Ships, Veffels or 
Parties ; and of the Stations, Seas, Ports and Places, 
and of their Intents therein ; and of what A'lerchant 
Ships or VelTels of the Enemy, bound out or home, 
as they (hall hear of; and of what elfe material in 
thefe Cafes may arrive to their Knowledge, to the 
End fuch Courfe may be thereupon taken, and fuch 
Orders given, as may be requlfite. 

XII. That no Commander of a Merchant Ship, 
or VefTel who fhall have a Letter of Marque or 
CommifTion as aforefaid, fhall prefume, as they will 
anfvver it at their Peril, to wear any Jack, Pendant, 
or any other Enfign or Colour ufually borne by our 
Ships, but that, befides the Colours borne ufually 
by Merchant Ships, they do wear a Red Jack with 
the Union Jack, defcribed in tlie Canton at the upper 
Corner thereof near the Staff; and that one third 
Part of the whole Company of every fuch Ship or 

Veflil 



Of PRIVATEERS, ^c. 



191 



Venbl fo fitted out as aforefaid, (liall be Land- 
men. 

XIII. That fuch Commanders of Merchant Ships, 
and Veffcls who flir.Il obtain fL'ih Letters of Adarque 
or Commiffions, as aforefaid, ihall alfo from Time 
to Time, upon due Notice being given them, ob- 
ferve ail fuch other Iiiflrucfions and Orders as we 
fha!! thinlc fit to direft, for the belter carrying on of 
this Service. 

XIV. That all Perfons whofhall violate thefe In- 
ftrutlions, fliall be feverely punifhed, and alfo re- 
quired to make full Reparation to Pcrfons injured, 
contrary to thefe Inftrutlions, for all Damages they 
fhal! fuftain by any Capture, Embezzlement, De- 
murrage, or otherwife. 

XV. That before any fuch Letters of Marque, 
or CommiiTions, iffue under Seal, Bail, with Sure- 
ties, fhall be given before the Lieutenant and Judge 
of our High Court of Admiralty of England, or his 
Surrogate, in the Sum of three hundred thoufand 
Pounds Sterling, if the Ship carries above one hun- 
dred and fifty Men ; and if a leffer Number, in the 
Sum of fifteen hundred Pounds Sterling : Which 
Bail fhall be to the Effe6t, and in the Form fol- 
lowing: 



w 



HIGH Day, Time and Place perfonally ap- 
peared 



who fubmitting themfelves to the Jurifdiftion of the 
High Court of Admiralty of England, obliged them- 
felves, their Heirs, Executors and Adminiftrators, 
to our Sovereign Lord the King, in the Sum of 

Pounds of lawful 
Money of Great-Britain, to this Effe£t ; that is to 
fay. That whereas 

is authorized by Letters of Marque, 
or a Commiflion for a Private Man of War, to 
arm, equip, and fet forth to Sea, the Ship called 
the of the Bur- 

then of about Tons, whereof he the 

faid goeth Cap- 

tain, with Men, Ordnance, Ammunition and Vic- 
tuals, to fet upon by Force of Arms, and to fubdue, 
feize, and take the Men of War, Ships, and other 
Veflels whatfoever, together with the Goods, Mo- 
nies, and Merchandifes, belonging to the King of 
Spain, or to any of hisVaffals and Subjects, or others 
inhabiting within any of his Countries, Territories or 
Dominions whatfoever, and fuch other Ships, Vef- 
fels, and Goods, as are or fhall be liable to Confif- 
cation, excepting only witf-Mi the Harbours or Roads 



within Shot of the Cannon of Princes and States in 
Amity with his Majelly. And whereas he, the faid 
has a Copy of certain In- 
flruillions, approved of, and pafi'ed by his Majefty in 
Council, delivered to him to govern himfelf therein, 
as by the Tenour of the faid CommilTion, and of 
the Inftruttions thereto relating, more at large ap- 
peareth. If therefore nothing be done by the faid 

or any of 
his Officers, Mariners, or Company, contrary to 
the true Meaning of the faid Intiruct'ons, but that 
the Comniiihon aforefaid, and the faid i.iftru6tions, 
fhall m ail P-Articulars be well .md duly performed 
and obferved as far as they ihall the faid Ship, Cap- 
tain, and Company, an- "Viv concern : Andiftiiey, 
or any of them, !hall give tall Satisfaffion for any 
Damage or Injury .vnich fhall be done by them, or 
any of them, to iny of his Majelly's SubjeSs or 
Allies, or Neuters, or their Subjects : And alfo fhall 
duly and truly pay, or caufe to be paid, to his Ma- 
jefty, or the Cuftomers or Officers appointed to re- 
ceive the fame for his Majefty, the ufual Cuftoms 
due to his Majefty, of and for all Ships and Goods, 
fo as aforefaid taken and adjudged for Prize : And 
moreover, if the faid 

(hall not take any Ship or VelTel, or any Goods and 
Merchandifes belonging to the Enemy, or otherwife 
liable to Confifcation through Confent, or clandef- 
tinely, or by Collufion, by Virtue, Colour or Pre- 
tence of his faid CommilTion ; that then this Bail 
(hall be void, and of none Effeft : And unlefs they 
fhall fo do, they do all hereby feverally confent that 
Execution fhall iffue forth againfl: them, their Heirs, 
Executors, and Adminiftrators, Goods and Chat- 
tels, wherefoever the fame fhall be found, to the 
Value of the faid Sum of 

Pounds, before mentioned. And in Teflimony of 
the Truth thereof, they have hereunto fubfcribed 
their Names. 

By bis Majejiy's Command, 

Harrington. 

Exam. S. Hill, Regiflcr. 



Ah Additional INSTRUCTION to all fucb as 
have or Jljall have Letters of Marque, or CommiJ- 
fions for Private Men of War^ in purfuanre of a 
Warrant from bis Majefiy, dated the fevenlb Day of 
April, 1743, dire^ed to the Commiffioners for exe- 
cuting the Office of Lord High Admiral of Grea'.- 

Briuiti 



192 

Britain and Ireland, IJc. and of a Warrant in piir- 
fuance ibereup-jn, made h\< the Right Honourable the 
Lords CommiJJioners for executing^ the Office of Lord 
High Admiral of Great-Britain and Ireland, ^c. 
dated the ninth Day of April, 1 743, direilcd to Sir 
Henry Penrice, Knight, Judge of the I^/gh Court 
of Admiralty of England. ■ 

TH AT all Captains and Commanders of Ships, 
who have, or Ihall have Letters ot Marque, 
or CommilTions for Private Men of War, are hereby 
required and enjoyned to obferve carefully and re- 
ligioufly the Terms of the Treaty Marine, between 
his late Majefty King CHARLES the Second, and 
their High Mightinefles the States General of the 
United Netherlands, concluded at London the firft of 
December, 1674, Old Style, and confirmed by fub- 
fequent Treaties : And they are hereby required to 
give Security purfuant to the Tenth Article of the 
aforefaid Treaty Marine, tor the due performance 
thereof. 

Exam. Samuel Hill, Regifter. 

The following are fuch Articles of Agreement as 
were commonly entered into by the Captains of 
Privateers in the late War and their Crew, which I 
publifli as a Copy for my Reader to have Recourfe 
to, in cafe any future Rupture fhould render it 
iifeful, "jiz,. 



0/ P R I V A T E E R S, &>€. 



A RTICLES agreed between 



Articles 

OF A -f^ Captain A. B. Commander of 

Privateer. the Private Man of M'ar, called the 
Terrible (with tzventy Guns mounted, 
carrying nine Pound Shot, t-Menty 'Urafs Patereroes, 
four Mortars, and fome Wall-Pieces, manned with 
tvjo hundred Men, now lying at Church-Hole, defigned 
to crui/.e ag3ii>{l the French and Spaniards) on the 
one Part, and the faid Ship's Company on the other, 
^vitnejfetb, 

I. That the faid Captain A. B. for himfelf, and 
in Behalf of the Owners of the faid Ship Terrible, 
fhall put on board her, great Guns, Swivels, Pow- 
der, Shot, and all other warlike Ammunition necef- 
fary for tiiem ; as alfo fmall Arms and Provifions 
fufficient for the faid Ship's Company for a fix Months 
Crui/.e at Sea, from their Sailing from the Downs ; 
\n Confideration of which, the Owners, or their 
Affigns, fliall be reimburfed (out of the firrt Prize, or 
Prizes taken by the faid Ship Terrible, before any 
Dividend is made thereof) the whole Charge of 
warlike Stores (great Guns and fmall Arms excepted) 



Vitlualling, Advance-Money, and the Expences the 
Owners are at for the Surgeon's Chefl:, and a Set 
of Mufick ; after which one half of the neat Pro- 
ceeds of fuch Prize or Prizes as (hall be taken, to be 
for the Account of the Owners, and at the Difpofi- 
tion of the Managers; and the other half of fuch 
neat Proceeds to be the fole Property of the Sliip's 
Company ; the Captain's Share of which to be 6 (in 
fame 8) per Cent, and the Ilefidue to be divided in the 
Proportions mentioned in the eleventh Article of thefe 
Prefents. 

2. That for preferving a Decorum on board the 
faid Private Man of War, no Man is to quit, or go 
out of her, on board of any other VelTel or VefTels, 
or on Shore, without Leave obtained of the com- 
manding Officer on board, under the Penalty of fuch 
Punilhmcnt as fhall be elleemed proper by the Cap- 
tain and Officers. 

3. That it fhall be entirely in the Captain's Power 
to cruize where he fhall efleem mofi beneficial, 
for the Intereft of the Owners, and Ship's Com- 
pany. 

(In fome, it is, to cruize vjhere the Managers, and in 
others, ivhere the Owners fljall dire^.) 

4. That if any Perfon be found a Ringleader of 
Mutiny, or caufing a Difturbance on board, refufe 
to obey the Command of the Captain and Officers, 
behave with Cowardice, or get drunk in Time of 
AQion, he or they fhall forfeit his or their Share, to 
be divided amongfl: the Ship's Company ; and be 
otherwife punilhed according to Law. 

5. That all Clothes, Bedding, Watches, and 
Rings in wear. Buttons, Buckles, and what elfe is 
deemed fmall Plunder by Cuflom, is to be divided 
amongft the Ship's Company, according to their fe- 
veral Stations, the Captain not to interfere with 
them ; the Cabin Utenfils in prefent Ufe for the Com- 
mander. 

6. That if any Perfon fliall Ileal, or convert to his 
Ufe, any Part of the Prize or Prizes, or be found 
pilfering any Money or Goods, and be convicted 
thereof, he fhall forfeit his Share to the Ship and Com- 
pany. 

7. The Captain has the Power of taking out of 
any Prize, or Prizes, whatever Stores he may judge 
neceffary for the Ship Terrible, without pay- 
ing for them ; provided the Prize is not difabled 
thereby. 

8. That whofoever firft fpies a Sail, which proves 
to be a Prize, fliall have feven Pounds, (in fome only 
one Guinea, in others five) und the firft Man proved 
to board a Prize before ihe ftrikes, fhall have a 
Gratuity of ten Pounds (in fome ten, and in others 

ffte<n 



Of P R 1 V A T E E R S, <^^. 



fifteen Guineas for his Braverv, to be deduQed out of 
theGrofs Sum of the Prize. 

9. That if any private Man fhall lofe a Leg, Arm, 
or Eyes, in Time of Atlion, or in tiie Ship's Ser- 
vice, he fhall, befides the Advantage of Greenivkh 
Hofpilal, have a Gratuity of 25/. and in Propor- 
tion to the Officers, exclufive of their Shares (in 
others only 20/. to a private Man, 50/. to the Captain 
40/. to thefirji Lieutenant, and 30/. to each of the other 
Lieutenants, Majler and Surgeon) the faid Sums to be 
deduded out of the grofs Sum of the Prize ; and in 
cafe of Mortahty under Cure, the faid Gratuity and 
Shares to be made good to their Afllgns. 

10. That for the farther Encouragement of the 
faid private Man of War's Company, it is agreed, 
that the chief OtTicers fhall have Jix Guineas, the 
petty Officers, and able Seamen five Guineas, able 
bodied Landmen three Guineas, and Boys one Gtiinea, 
advanced to them in the Hcpe, (in fotne, the Officers 
and Seamen have only five Guineas, and the Landmen 
two.) 

11. That the half of the neat Proceeds of all Prizes, 
taken by the Ship Terrible, which is appropriated to 
the Ship's Company, be divided amongll them in the 
Manner following, after the Captain's 6, or 8 per 
Cent, (as pall be agreed) is taken thereout as 
above. 

When the Captain has not the abovementioned 6, 
or 8 per Cent, but divides with the Ship's Com- 
pany, he commonly has twelve Shares, as follows. 



Shares. 









Shares. 


The Captain 










12 


Thefirrt Lieutenant 




5 


1 
2 


to 


6 


The fecond Lieutenant 




4 


"2 


to 


6 


The third Lieutenant 




3 


1 
2 


to 


5 


The Mafter 




3 


i 


to 


5 


The firft Mate 




3 




to 


4 


The fecond Mate 




2 


J_ 


to 


2 


The Surgeon 




3 




to 


4 


The Surgeon's Mate 




2 


I 

2 


to 


2 


The Lieutenant of Marines 


3 




to 


4 


The Gunner 










3 


The Gunner's Mates, to 


each 








2 


The Carpenter 










3 


The Carpenter's Mates, 


to each 








2 


The Boatfwain 










3 


The Boatfwain's Mates, 


to each 








2 


The Purfer 










3 

2 


The Cooper 




I 


i 


to 


The Mufick, to each of them 












I 1 to ^ 

I i-to| 
I I 


I ! to 
I i to 


I z 

2. 

I i 

2. 




a 




2 




T i 




.^ 


I 


to 2 


I ,^0 


I \ 

to r 


I 
Z 


or 1 


3 


to i 



The Caulker 

The Mafter at Arms 

The Armourer 

The Midfhipmen, to each 

The Quarter Mailers, to each 

The Quarter Gunners, to each 

The Corporals, to each 

The Sailmaker 

The Yeoman of the Powder Room 

The Ship's Steward 

The Captain's Ditto 

The Mafter of Languages 

The Captain's Clerk 

The Ship's Cook 

The Captain's Ditto 

The able Seamen, to each 

The able Landmen, to each 

The Sea Boys, to each 

The Land Bovs, to each 



12. That on the Death of the Captain, the Com- 
mand to devolve on the next Officer, and fo in rota- 
tion ; and for the Encouragement of the able Sea- 
men and others, on the Lofs of Officers, they arc 
to be replaced out of the Ship's Company, according 
to their gallant Behaviour, as the Captain (hall ap- 
point. 

13. That whoever deferts the faid Ship Terrible, 
within the Time here under mentioned, {hall forfeit 
his Prize Money to the Owners and Companv, to 
enable them to procure others in their Room. 

14. All and every one on board, does covenant 
and agree to ferve on board the faid Ship Terrible, 
theTermi of fix Months, beginning at the faid Ship's 
Departure from the Downs. 

15. And laftly, for the true Performance of all, 
and every the aforementioned Covenants and Agree- 
ments, each, and every of the laid Parties, do bind 
themfelves, their Heirs, Executors, and Adminiftra- 
tors, in the penal Sum oi five hundred Pound-i, law- 
ful Money of Great-Britain, firmly by thefe Pre- 
fents : In Witnefs whereof, the fiiid Parties to thefe 
Prefents have hereunto feverally fet their Hands and 
Seals, the Day of 

in the Year of our Lord 1746, 
and in the Twentieth Year of the Reign of our 
Sovereign Lord King George the Second. 

The wording of Ranfom Bills has been various, 

tho' the Subftance the fame ; I have therefore only 

added here the Form of one, which I give my 

C c Reader 



0/ P R I V A T E E R S, ^c. 



194 

Reader both In French and Englijl, as they are com- the faid private Ship of War, tliis third Day cf 
moniy printed for Privateers to carry with them. September, 1746. 



Ifobn Stout, Commander of the private Ship of 
War, called the Suceefs, by Virtue of his Britan- 
nick Majefty's CommilTion, dated at London the 
Twenty-fourth Day of Augujl, 1746, to feize ail 
SubjeQs and Vaflais, Ships, Goods, Monies, and 
Effetts whatfoever, of the French King, and King 
of Spain, having taken a Ship or Veflel called the 
Malbeiireux of Nantes, whereof "John Martcl was 
Commander, Burthen about two hundred Tons, 
bound from the faid Port to Cadiz, under French 
Colours, laden with Wheat, in the Latitude of 

and 
T^ongitude from London, the faid Ship and Cargo, 
belonging to Meffrs. La Bourdonage ii Camp, of 
Nantes, Subjects of the French King, which Ship 
and Wheat 1 have agreed to ranfom for one thoufand 
eight hundred Pounds Sterling, to be' paid \n London, 
within two Months from the Date hereof, to tlie Or- 
der of Mr.y,iines Fi/iparfe; in Confideration whereof, 
I have fet the faid Ship and Cargo at liberty, to pro- 
ceed from the faid Port of Cudix, where flie ftiall be 
obliged to arrive within the Space of thirty Days from 
the Date hereof, after the Expiration of which 
Time, this Agreement fliail not warrant her from 
being taken again by any Englijh Ship of War, or 
Privateer ; for the true Payment of which Ranfom, 
I have received as Hollage Mr. Thomas Leeroy, be- 
longing to the faid Ship, who is not to be fet at li- 
berty until the faid Ranfom be fully and truly paid, 
as abovementioned; I therefore pray, and defire 
all Friends and Allies, to fuffer the faid Ship Mal- 
heureux, to pal's, and proceed to the faid Port of 
Cadiz, without any Lett or Moleflalion within 
the faid covenanted Time. And I the faid John 
Martel, Commander of the faid Ship the Mal- 
keureux, as well in my own Name, as in the Name 
of the aforefaid MefTrs. La Bourdonage ij Comp. 
Owners of the faid Ship and Cargo, have volun- 
tarily fubmitted myfelf to the Payment of the 
faid Ranibm of one 'houfand eight hundred Pounds 
Sterling, in London, as aforefaid ; for which I 
have given the faid Mr. Thomas Leeroy for Hof- 
tage, (who upon Payment of the faid Sum as 
agreed, fliall be immediately rcleafed and fet free, 
and at full Liberty to return to his own Country, 
or wherefoever he fhall think proper) hereby pro- 
inifing not to aS contrary to the Conditions of this 
.^frcement, whereunto we have (with the faid 
Hoftage ) interchangeably fet our Hands, on board 



Signed and deVivercd in 
the Prefence of 

A. R. E. F. 
C. D. G. H. 



John Stout, 
John Martel, 
Thomas Lecrcv. 



In French. 



JE Jean Stout, Commandant de I'Armateur nom- 
nie le Suceefs, en Vertu d'une CommilTion, ou 
Lettre de Marque de fa Majefle Britanique, figne a 
Londres de Vingt Quatrieme Jour du Mois de Aaiit de 
I'An 1746, pour prendre & faifir les ^'aifleaux, 
Biens, &- Effets des Sujets de la France & d' Efpagne, 
ayant faifi Sur, & Pris, le Vailleau nomme le Mal- 
hcureux be Nantes, fous le Commandement de Monf. 
Jean Martel, autour du Deux Cent Tonneaux de 
Port, Venant du dit Port, & defline pour celle la de 
Cadiz, fous Pavilion Francois Charge de Ble, dans la 
Latitude de & 

Longitude de Z,(3«</w/, 
le dit Vaifleau &: Cargaifon appartenant a MefTrs. 
La Bourdonage is" Comp. de Nantes, Sujets du Roy 
Franfois, lequel Vaiffeau Sc Ble, Je fuis Convenu de 
ranconncr, Moyenrmt la Somme de Milte & Huit 
Cent Livres Slerlincs, que doit etre payee a Londref 
dans deux Mois duDate de ceci, a TOrdre du Monf. 
Jaques Fillpurfe, &■ en Confideration du dit Somme 
j'ay relache &■ remis le dit Vaifleau & Cargaifon en 
l.iberte pour aller au dit Port de Cadiz, ou il fera 
teiiu de fe rendre dans le Tems, ^- Efpace de Trente 
Jours, du Date de celle ci, apres I'Expiration duquel 
Tems, le prefent Traite, ne pourra le Garantir 
d'etre Arrete & Pris, par aucun Vaiffeau de Guerre 
ou Armateur. Pour Surete' de la quelle Rancon, J'ay 
receu en Otage Monf. Thomas Leeroy, Appartenant 
au dit ^^aiffeau, qui ne doit etre Relache, que aprcs 
le Pavement dc la dite Rancon ; Done Je Prie, & 
Suppiie a tous Amis & Alliez de laiiTer Pafler le 
di't Vaifleau le Malheurex Seurement, & Librement 
pour aller au dit Port de Cadiz, fans aucun Trouble 
ou Empechement quelconque, pendant le dit Tems 
ftipule & convenu. Et Je le dit Jean Martel, Maitre 
du dit VailTeau le MaJheureux, tant en mon Ncm, 
comme en celuy de les fufdits Meflrs. La Bourdonage 
i^ Comp. Proprietaires du dit VaflTeau 6j Cliarge, me 
fuis voluntairement Soumis au Payement de la dit 
Rancon, de Mil dr- Huit Cent Livres Sterlines dans 
la Villc de Londres comme fudit ; pour Surete de la- 
quelle J'ay donne en Otage le dit Monf. Thomas Le- 
eroy 



Of P IRATE S, ^c. 195 

cny (que immedlatement apres le Payement, clu dit contrevenir ai« Condition's du prefent Tralie don: 

Somme convenu, fera Relache et Mais en entiere nous Avons (avec les dit Otage) reciprocament Hgne, 

& pleine Liberie de retourner dans fon Pais, ou par- abord du dit Armateur, ce troiftemc Jour du !^<'ptembre 

tout on ii trouveras apropos) Promettant de ne Point de 1746. 

Of Tirates or Sea Rovers. 



A Pirate is a Sea Thief, or an Enemy to Hu- 
man Kind, who aims at enriching himfelf by 
Marine Robberies, committed either by Force, 
Fraud, or Surprize, on Merchants or other Traders 
at Sea, and the Hiftories of them are filled with the 
Barbarities they have committed on fuch Occafions, 
and the fevere Ufage they have given to thole 
who have been fo unhappy as to fall into their 
Hands. 

They confine themfelves to no Place, nor have 
any fettled Refidence, but are Rovers at large, tho' 
they generally cruize, where moft likely to meet 
with Prey, and in Parts where they have the greateft 
Probability of finding Supplies, and which afford 
the bed Ports for their Safety : And as all thefe Cir- 
cumftances unite in yfOTfr/Vi?, that Part of the World 
has been moft peftered with them ; and they being 
Enemies to all, all ought to be Enemies to them, 
and no Faith is to be kept with Villains, who 
defpife both the Laws of God and Man ; they juftly 
forfeit the ProtecSion of their Natural Sovereign, 
and any Prince hath Power to make War againft, 
and deflroy them, tho' not fubjefl to his Govern- 
ment. 

Pirates, tho' called Enemies, are 
Gro/. de Jure yet improperly termed fo, as they 
Belli & Pacis, are no Commonwealth, nor live by 
Lib. C. Cap. fettled Laws ; but Rules founded on 
o. 5>. 40. Iniquity, and which they frequently 

break thro', to the Deflruftion of ojie 
another; that Superiority which they afilgn to feme 
among them, tho' fo neceffary to their wicked Uni- 
on, is oftentimes changed, as Humour and Caprice 
direiEls ; and the ftrongeft or mofl: profligate becomes 
a Chief by mutual Confent : And as no Communi- 
ty can fubfift without fomc Sort of Government, fo 
thefe make a Shew and Profeffion of one, and do 
fometimes comply with Agreements made, more 
efpccially with thofe who fupply them with Ncccf- 
farics, tho' this may reafonably be fuppofed to pro- 
ceed more from the Motives of Sclf-prefcr\ation, 
than from any Intention of doing Right, or Juftice 
to thofe iniquitous Perfons, who carry on fuch a 
villainous and contraband Trade : It is true, ail are 



not equally bad ; but we have heard of fome, who 
have governed with more Moderation, and not en- 
tirely fhook of Hum«nity as the generality of them 
have ; but even the befl of them are offenfive to 
the fair Trader, and by commencing Pirates, they be- 
come obnoxious to thofe Laws which otherwile were 
made to protefl them. 

There are, however, Inflances, where Succefs has 
made a Company of them fo pov.'erfu! as to induce 
them to fettle, and form themfelves into a Common- 
wealth ; it was to this, Algiers, Tripoli, and Tunis 
owe their EflabliiTiment, and which they have fup- 
ported for many Years, tho' they really Hill fubfill 
by their quondam Profeffion, or what is very like it; 
and only obferve the Treaties made with them, fo 
long as the Rabble will permit, and it fuits their 
Conveniency ; yet they avoid quarrelling with all 
the European States at once, but take them by a Sort 
of Rotation, and pick from them what they can, 
one after another, for which they fometimes fmart, 
though too feldom ; however, fince their becoming 
a State, and profeffing Allegiance to the Grand S/g- 
nior. Princes have thought proper to treat w!th 
them, and to admit their AmbafTadors on the 
fame Footing as thofe froin other Potentates, 
with refpeft to their Immunities and Privileges. 

Though it is undoubtedly both for the Honour and 
Interefl of all Princes to fupprefs Piracy, and nor 
fuffer them by any Means to find Shelter or Refuge ir» 
any Part of their Dominions, but on the contrary to 
arm againft them, and provide fuch Remedies as may 
reflrain their Progrefs, which our Kings have always 
done, though it is dubious whether obliged thereto by 
the Civil or Common Law of this Kingdom. 

If a Maftcr of a Ship, after making 
the btil Defence he could, is taken by lord Ray- 
a Pirate, and for the Redemption of '""■'•^, 933- 
his Ship and Cargo, willingly fubmits 
to become a Slave to his Captors, the faid Ship and 
Cargo are by the Law Marine tacitly obliged to con- 
tribute to the obtaining his Freedom ; but if a Pirate 
by feigning himfclf diftreffed, with the ufual Signals, 
or pretends to be ftranded, le.iky, or in any other 
Danger, faall by thefe means allure the Mailer to 
Q c 2. vary 



196 



0/ P I R A T E S, &fc. 



Vary his Courfe in order to afford liis Affillance, and 
fo falls into the Trap the Pirate has laid for him, al- 
though he frees the Veffel and her 
Ditto, 934. Loading by remaining a Slave, they are 
no ways obligated to contribute to his 
Redemption, as his Capture was occafioijed by his 
own Folly in being fo decoyed. 

A Ranfom proinifed to a Pirate is not binding by 
the Civil Law, therefore no Wrong is created by not 
complying with it ; and the Rcafon is, that the Law 
of Arms is not communicated to fiich, neither are 
they capable of enjoying that Privilege, which lawful 
Enemies may challenge, in the Caption of another, 
however this hath ita Limits; for a Pirate may have 
a lawful PolTeffion, which he cannot be denied claim- 
ing at Law, if Injury or Wrong be done him, and 
this is in Confequtnce of his taking 
Mo//cy lie Jure a legal Courfe, for by that he fub- 
Mar. P. Co. mits to the Magiftrate, and pays Obe- 

"^" dience to the Laws in his demanding 

Jultice. 

If a Pirate attacks and talces a Merchant Ship, and 
afterwards redeems her,on theMafter's fwearing to pay 
him a certain Sum, at a Time and Place agreed on ; 
andjf he does not comply with his Oath, he is fuppofed 
by fome not to be guilty of Perjury, as a Pirate is not 
a determinate, but a common Enemy, and with whom 
they think neither Faith nor Oath is to be kept ; others 
pretend nothing can free him from a Compliance with 
his Vow, as it is not Men only that are concerned 
in It, but God alfo, who is certainly no Friend to Per- 
jury. However, with humble Submifllon to better 
Judgments, I think fome Diftinaion ought to be 
m.ade in concurring Circumftances; for fuppofe either 
a Sea or Land Land Robber, claps a Piftol to the 
Bread of a Perfon he has feized, and makes him fwear 
to do fuch Things, as he cannot perform without 
great Prejudice to himfelf and his Dependancc, as the 
Payment of a Sum of Money, which may dift'refs his 
Circumftances, and ruin his Family; I fay in fuch a 
Cafe, or other fimilar ones, I believe no one will pro- 
nounce the Oath to be binding, which the Terrors of 
a threateningEnemy had forcibly drawn from him that 
made it. 

An Englljbman committing Piracy on the Subjefls 
of any Prince, or State, in Amity with the Crown of 
England, is within the Statute of 28 //en. VIII. and fo 
it was held where one JVinterfon, Smith, and oihers, 
had robbed a Ship of one Maturine Gtiatier, belong- 
ing to, and bound from Bourdeaiix, 
Roit. Mm. with Wines for England, and that the 

28 Lhz. m. fame was Felony by the Laiv Marine, 
-■^• and the Parties were convicted accord- 

ingly. 



And fo if the Subject of any other Nation or King- 
dom, being in Amity with the King of £/;^^/a«.'/, com- 
mit Piracy on the Ships or Goods of the Englip, the 
fame is Felony, and punifliabie by Virtue of the 
above A£t; and it was fo adjudged, where one Can-- 
lefs. Captain of a French Man of War, and diverfe 
others, attacked four Merchant Ships, 
going from the Port o'i BrijlJ to Cd-r- Rot. Adm. 
martben, and robbed them of about zSE/iz. rn. 24. 
1000/. for which he and the reft weie 
arraigned, and found guilty of the Piracy. 

But before the 25th of Ed:u. III. if th2 Subjects of 
a foreign Nation, and fome £'!^///Z', had combined, in 
the committing of Piracy, it would have been Trea- 
fon in the EiigHpj, and Felony in the 
Foreigners, an Inftance of which is 42 AJ/ifi Pla- 
quoted by Shard, where a Nrrman^^eit 25./. 
being Commander of a Ship, had, to- . .^. 

gether with fome Englijlj, committed ^^"^- ^ "^"- ^ 
Robberies on the Sea, and being taken "' 
and tryed, they were found guilty, the Norman of 
Felony, and the EngliJIj of Treafon, who according- 
ly were drawn and hanged. But at this Day, by the 
Laws Marine, they would both receive Judgment as 
Felons without Diftin£tion. 

If the Subjeifts of a Prince. at Enmity with the 
Crown of England, fhall fail aboard anEnglift) Pirate, 
with other Engli/h, and then a Robbery is committed 
by them, and they are afterwards taken, it is without 
doubt Felony in the Englijl}, but not 
in the Foreigners, for they cannot be MoUoy de Jure 
tried by Virtue of the CommilTion upon Mar. Page 
the Statute, for it was no Piracy in "'• ^- '°- 
them, but the Depredation of an Ene- 
my, for which they fhall receive Tryal by a Martial 
Law, andjudgment accordingly. 

Piracies committed in the Britijh Seas, by the Sub- 
je£ts of any Power in Amity with the 
Crown of England, are properly pu- Sc'ldcn Mare 
nifliable by this Crown only; and if Clauf Lib. i. ' 
a Spaniard robs a Frenchman on the '^^P- -?• 
high Sea, their Princes being then in 
Amity, and both with the Crown of England, and the 
Ship is brought into a Port of this Kingdom, the 
Frenchman mav proceed Criminaliter 
againft the Spaniard to punifli him, and Oro!. de Jure 
Civiliter, to have Reftitution of his Be"i ac Pacis, 
Veffel ; but if the Veffel is carried //;- «. 9. S. 16. 
fra Praftdia * of that Prince, by whofe 
Subject the fame was taken, there can be no Proceed- 
ing Civiliter, and doubted if Criminaliter, but the 



March's Rep. 1 1 0. 



Frenchman 



Of P I R A T E S, ^^. 



^9: 



Frenchman mull; retort into the Captor's or Pirate's 
own Country, or where he carried the Ship, and there 

proceed. 

If a Piracy be attempted on the 
Molhy de Jure Ocean, and the Pirates are over- 
jMar. Page62. come, the Captors may immediately 
S. 12. punifh them with Death, and not be 

obliged to bring them into any Port, 
provided this occurs in Places where no legal Judgment 
can be obtained. 

And therefore if a Ship fliould be on 
Ditto. a Voyage to America, or on a Difco- 

very of thofe Parts lliill unknown to us, 
and in her Way be attacked by a Pyrate, who fhe 
fortunately overcomes, in this Cafe, by the Laws 
Marine, the Veflel becomes the Captors Property, 
and the Pirates may be immediately executed without 
the Solemnity of Condemnation. 

So likewife if a Ship {hall be alTault- 
Malloy de Jure ed by Pirates, and in the Attempt they 
Mar. Page 62. are fubdued and taken, and carried 
S. 13. into the next Port, if the Judge open- 

ly rejects their Trial, or the Captors 
cannot wait till Judgment fhall be given, without 
certain Peril and Lofs, they may do Juftice on them, 
themfelves, without farther Delay or Attendance. 

If a Pirate at Sea attacks a Ship, and in 

Rot. Admir. the Engagement kills a Perfon in her, 

28 Eliz. m. though he has not fucceeded in taking 

-\- her, the Pirates are all Principals in 

the Murder, if the Common La-vj hath 

JurifdiiElion of the Caufe; but by the. Lniu Marine, 

they only who gave the Wound fhall be Principals, if 

they can be known, and the reft Accef- 

TelvertoH Fol. fories ; and where they have Cogni- 

'34> "SS- zance of the Principal, the Courts at 

Common Lavj will fend them their Ac- 

cefTory, if he comes before them. 

A Dutchman, naturalized by the Duke of Sawyt 
and living at r/ZAz/'rawfa in his Dominions, procures 
aCommiflion from the States oi Holland, and coming 
to Leghorn, there rid with the Colours and Enfigns of 
the Duke of 6'rt':io)i ; the Englijh Ship Diamond, being 
then in Port, took in her Loading, and proceeded on 
her Voyage, in which fhe was furprized and taken by 
that Caper, and carried intt) Filla Franca, and there 
condemned and fold, but afterwards returning to 
England, the original Proprietors having Notice of it, 
made a Seizure; and upon Trial, Adjudication paffed 
for them ; for though the Ship of War and Captors 



were of Savoy, and carried their Pn/e thither, vet 
being taken by Virtue of zDiitch Commiilion, accord- 
ing to the Laiv Marine fli; niufl: be carried infra Pra- 
fidia of that Prince or State by Virtue of whofe Com- 
mifTion fhe was taken; nor does fuch carrying of the 
Enfigns or Colours of the Duke of Savoy, who was 
then in Amity with the Crown of England, nor the 
Commander's being a SubjeiSl of that Prince, make 
him. a Pirate, or fubjeft him, or thofe to whom the 
Intereft of the Prize was transferred, any ways to be 
queflioned for the fame Criminaliter; 
for that the Original ^oad the Tak- Grotim Lib. 
ing was lawful *, as one Enemy might 3- ^^'?- 9 S. 
take from another, but Civiliter, the '5> ^^^ '6. 
fame might be, for that the Captor 
had not entitled himfelf to a firm PofTeffion. 

And therefore in all Cafes where a Ship is taken by 
Letters of Marque or Piracy, if the fame is not car- 
ried infra Prafidia of that Prince or St»te, by whofe 
Subjeft the fame was taken, the Owners are not di- 
verted of their Property, but may refeize wherefoever 
they meet with it. Mich. 8. Jac. in E. R. Broiunh-jj 
2 Part. IVcJlon's C. 

If a Pirate attacks a Ship, and only 
takes away fome of her Men with an C. 2 Ind. 109. 
Intention to fell them for Slaves, this Lib. 8. Fol. 
is Piracy by the Laiu Marine; and it a 3-^- 
Bale or Pack of Merchandize be deli- 
vered to a Mafter to carry aboard to a certain Port, 
and he goes away with it to another, and there fells 
or difpofesof it f, this is no Felonv; but if he opens 
the Bale or Pack, and takes any tiling out, animo fu- 
randi, this A£t may amount to fuch a Larceny, as he 
may be indiflied for in the Admiralty, though it does 
not amount to n Reprifalia; yet if faid Mafter fhould 
carry the Lading of his Ship to the Port appointed, 
and after retake the whole Pack or Bale back again, 
this may amount to a Piracy; tor he being in the 
Nature of a common Carrier, the Delivery had taken 
its EfFed, and the Privity of the Bailment is deter- 
mined. 

In cafe a Ship fhall be attacked by 
a Pirate, and the Mafter for her Re- 44 A'.Ac. lU 
demption fhall give his O.ith to pay a 14. 4 Wi-w. IV. 
Sum certa.in ; though there be no 2 S. ad Leg. 
Taking, yet is the fame Piracy by K'»)d. dejuct. 
the Law Marine; but by the Common '• 2- 
Laiu there muft be an a£lual Taking, 
though it be but to the Value of a Penny, in the 
fame Manner as it is in a Robbery on the Higluv.iy.j 



Bull} rode 28. 



I F. NautceCaup. L. i. S. 3. Siab.Chir.vil, Lib. i. C 13. \yEdxv. IV. 



And 



.9S 



14 f. /a 



0/ P I R A T E S, &>€. 



And if a Ship fliall be riding at An- 
ni. chor with part of the Mariners in her 



Boat, and the reft on Shore, fo that 
none remain in the Ship, yet if fhe be 
attacked and robbed, the fame is Piracy. 

A Alerchant who has procured Let- 
Trin. 7. Jiic. ters of ALirque or Reprife, and deh- 
in B. /v. vered the Commiflions to others to en- 

Rolb Abridg. d,.avour a Satisfadion ; if thofe fo com- 
5^''' miffioned commit Piracy, the Veflel 

is certainly forfeited ; but the Mer- 
chant is no ways liable to make Satisfaction; for tho' 
the Superior by the Civil Law is anfwerabie for the 
Adlions of his Servants, yet as this Queflion muft be 
decided by the Law of Nations (in ^'irtue of which 
fuch Commiflions are awarded or granted) the Mer- 
chant by it will be exempted from an- 
Moor's Rep. fwering for the Behaviour of thofe he 
776. commillloned, unlefs it can be proved 

he foreknew that tliey would commit 
fuch a Piracy, or Spoliation, or that he had any Way 
abetted, or confented to the fame, by which the Right 
mav be forfeited, and the Civil Law let in, to acquire 
Satisfaftion. 

If Goods are taken by a Pirate from one Ship, and 
lie afterwards attacks anotner, by whom he is fub- 
ducd, he thereby becomes, according to the Law Ma- 
rine, an abfolute Priz.e to the Captor, after a legal 
Condemnation. And, 

By the Statute of 27 Ediu. IIL Cap. 
^Bul. 28, 29. 13. if a Merchant lofe his Goods at 
March 110. Sea by Piracy or Tempeft (not being 

wrecked) and they afterwards come 
to Land ; if he can make Proof they are his Goods, 
they (hall be reftored to him in Places guidable, by 
the'King's OfKcers and fix Men of the Country ; and 
'in other Places, by the Lords of them, or their Offi- 
cers, with fix Men of the Countr)-. 
GoJh. 1 93-^ If a Pirate takes Goods at Sea, and fells 

Barber i Cafe, them, the Property is r^ot thereby 
changed, no more than if a Land Thief 
ftcals, and fells them. 

This Law hath a great Affinity with 
Slgoniits de thai of the Romans, called deUfu Cap- 

Jure Rom. tinne, or the /Itiniuu Law ; as .'ItiniKs 

L.1. C.ii. therein enaded, that the Plea of Pre- 

fcription, or long PofTeffion, lliould 
not avail in Things that had been ftolen, but the In- 
lercft \\hich the right Owners had fhould remain per- 
petually. 

Though it is held by the Common 
li'i^ley'i Cafe. Lm'jj of England, that if a Man com- 



mit Piracy upon the SubjeSs of ano- i Rolls Abrid. 
ther Prince (though in League with us) F- SjO- Lit. 
and brings the Goods into England, ^- 4- 
and fells them in a Market swr/, the ^^'^' ^- I- 
fame fliall bind, and the Owners are '^' ' *"■ 

for ever concluded ; and if thev fliould 
endeavour in the Admiralty to difpute the Pro- 
perty in order to Reftitution, they will be prohi- 
bited. 

A Ship which belonged to feveral 
Owners was fent to the Indies on a i Rolls Rep. 
trading Voyage, and upon the high 285. The Cafe 
Sea the IMariners committed Piracy, »' Hildehrand 
for which, on her Return to the River *"" '^^■ 
of Thames, the Admiral feized her as 
Bona Pyratarum; but the Merchants her Owners took 
the Sails and Tackle out of her, and there was a De- 
cree, that the Admiral fliall not have the Goods 
flolen from other Men, but the Owners fliall have 
them. 

It appears by the Preamble to the 
Statute of 28 Hen. VIII. Cap. 15. that M>%dejare 
this Offence was not puniftiable by the Mar. F. 67. 
Common Law, but the fame was de- ^- ^4- 
termined and judged by the Admiral, 
after the Courfe of the Civil Law; but by Force of the 
faid A(St the fame is enquired of, heard, and deter- 
mined, according to the Courfe of the Common 
Law, as if the Offence had been committed on 
Land. 

But by LordHj/c" *, the Court of King's Bench had 
certainly a concurrent Jurifdiftion with the Admiral- 
ty, in Cafes of Felony committed upon the Narrow 
Seas or Coaft, though it were High Sea, bccaufe with- 
in the King's Realm of England : But this Jurildiction 
of the Common Law Courts was interrupted by a 
fpecial Order of the King and Council, 35 Edw. III. 
and fince the 38 Edw. III. it does not appear that the 
Common Law Courts took Cognizance of Crimes 
committed upon the High Seas. 

And for the Trial of Piracy, and to determine what 
Aclions come under this Denomination, as alfo to en- 
courage the Suppreflion of it, the following Ads have 
been made, viz. 

All Offences of Piracy, Robbery 
and Murder, done upon the Sea, or 27 Hen. Vllf. 
in any Haven, River, or Creek, where C 4. S. i. 
the Admirals pretend to have Juril'dic- 
tion, fhall be enquired, tried, heard, and determin- 
ed, in luch Places in this Realm as fhall be limited 



* Hia. Pi. Cr. Vol, II. P. 14, 15. 



by 



Of PIRATES, Mc. 



by the King's CommilVion, as if fuch OfFences Iiad 
been done upon Land ; and fuch Comniillions fliail 
be under the great Seal, diretled to the Lord Ad- 
miral, or his Lieutenant or Deputies, and other Per- 
fons named by the Lord Chancellor, to hear and de- 
termine fuch Offences after the common Courfe of 
of Law, ufed for Felonies committed within the 
Realm. 

'The remaining Se^ions of this AlI are omitted, he- 
caufe the Ad is amended and vf-enacled 28 Hen. 
VIII. Cap. 15. ivbich follows. 

All Treafons, Felonies, Robberies, 
28 Hen VIII. and Confederacies, committed upon 
C. 15. S. I. the Sea,orinany Haven, River, Creek, 
or Place, where the Admirals have, or 
pretend to have Power or Jurifdiftion, fhall be en- 
quired, heard, and determined in fuch Shires, and 
Places in this Realm, as fhall be limited by the 
King's Commi<Tion,as if fuch OfFences had been com- 
mitted upon Land, and fuch Commiflions fhall 
be under the Great Seal, direfted to the Admirals, 
i^c. andtoihreeor four fuch other Perfons as fliall 
be named by the Lord Chancellor, after the common 
Courfe of the Law ufed for Treafons, Felonies, i^c. 
committed upon Land, within this Realm. 

Such Perfons to whom fuch Com- 
S. 2. mifllons fhall be direiEled, or four of 

them, fhall have Power to enquire of 
fuch Offences by the Oaths of twelve lawful Inhabi- 
tants in the Shire limited in their Commifllon, as if 
fucli Offences had been committed upon Land within 
the Shire; and every Indidtment found before fuch 
Commiffioners, of any Treafons, Felonies, or fuch 
other Offences committed upon the Seas, or in any 
Haven, River, or Creek, fhall be good in Law : 
And fuch Procefs, Judgment, and Execution, fhall 
be had againft every Perfon fo indi£Ied, as for Trea- 
fon, Felony, or other fuch Offences done upon Land; 
and the Trial of fuch Offences, fhall be by twelve 
Men, inhabiting in the Shire limited within fuch 
Commiffion^ and iw Challenge to be had for the 
Hundred ; and fuch as iliall be convift of any fuch 
Offences, fhall fuffer fuch Pains of Death, Lofles cf 
Lands and Goods, as if they had been convicted of 
the fame Offences done upon Land. 

For Treafons, Robberies, Felonies, 
^- 3- Murders, and Confederacies, done up- 

on the Sea, or in any Place above re- 
hearfed, the Offenders Ihall not have Benefit of 
Clergy. 

This AcEl fhall not extend to any 

^- 4- Perfon taking ai)y Vidual, Cables, 

Ropes, Anchors or Sails, which fuch 

Perfon (compelled hy Neceffity) taketh of any Ship 



199 

which may fpare the fame, fo the Perfon pay for the 
fame Money or Money-worth, or deiiver a Bill obli- 
gatory to be paid, if the Taking be on this Side the 
Straits of Mjrrok, to be paid within four Months ; 
and if it be beyond the f)id Straits, to be paid within 
twelve Months: and that the Maker- >' ■■•■:. 'i.';- 
pay the fame at the Day limited. 

When any fuch CommifTion fhaii 
be direfled to any Place within the S, 5. 
Jurifdiftion of the five Ports, fuch 
Commiffion fhall be dire<5Ied to the Lord Warden of 
the Ports, or his Deputy, and three or four fuch other' 
Perfons as the Lord Chancellor Ihall name. 

Whenfoever any Commiffion fhall 
be dire£led unto the five Ports, for the S. 6. 
Inquifition and Trials of any of the Of- 
fences expreffed in this Aft, fuch Inquifition and Trial 
fhall be had by the Inhabitants in the five Ports, or the 
Members of the fame. 

It is ordained, that all Piracies, Fe- 
lonies, and Robberies, committed up- 11 and 12 
on the Sea, or in any Haven, River, JVill \\\. c. 7. 
Creek, or Place, where the Admirals S. i. 
have Power or JurifdiSion, may be 
tried at Sea, or upon the Land, in any of his Majef- 
ty's Iflands, Plantations, Colonies, l^c. appointed for 
that Purpofe by Commifllon under the great Seal of 
England, or Seal of the Admiralty, direfled to fuch 
Commiffioners as his Majefty fhall think fit, who may 
commit fuch Offenders, an-d call a Court of the Ad- 
miralty thereupon, to confifl: of kven Perfons at the 
leaft. 

And for want of feven, then any 
three of the Commiffioners may call S. 2, 3. 
others, as therein is mentioned *, and * S. 4. 
the Perfons fo affembled may proceed 
according to the Courfe of the Admiralty to iffue out 
Warrants for bringing Perfons accufed ol Piracy or 
Robbery before them to be tried, and to fiunmon 
Witneffes, and take Examinations, and do all Things 
neceffary for the hearing and final Determination or 
any Cafe of Piracy, i^c. and to give Sentence of 
Death, and award Execution of the OlVcnders, wi;o 
fhall thereupon fuffer Lofs of Land-s, Gi'oJs, and 
Chattels.' 

So foon as any Court (liall be af- J^- 9- 

fembled, the King's Commiffion fliali 
be read and the Court fliall be proclaimed,a!ul then the 
Prefident of the Court lliall take the following Oath,;'/:,-.. 

T A. B. do fivear in the Pre fence of AlmlfJ.ity God, 
^ that I will trulf and impartially try- and adjudge 
thi' Fri finer or Prifoners, -whicb Ihall be brought hpjit 

hi: 



200 



Of P I R AT E S, ^c. 



hi I, orihcir Triah before this Cr,urt, and honejlly and 
duly oil my Part, put bis Majejiy^s Commijjion for the 
'Trrin^ of tbern in Execution, according to the bifi oj 
my akill and Kiwjuledge ; and that I have no Intereji, 
direitly or indire£]ly, in any Ship or Goods, for the 
piratically taking of ivbich, any Pcrfon flands accufed, 
and is no-M to be tried. 

So help me God. 



And he having taken the Oath, fhall adminifter the 
Time to every Perfon, who lliall fit and have Voice 
in the Court, and thereupon the Prifoners fhall 
be brought before them ; and then the Regif- 
ter fhall read the Articles againfl: fuch Prifoners, 
wherein fhall be fet forth the particular Fa(£ls of 
Piracy, Robbery, and Felony, with the Time and 
Place, and in what Manner it was committed ; and 
each Prifoner fhall be afked whether he be guilty or 
not guilty; whereupon he fliall immediately plead 
guilty or not guilty, or elfe it Ihall be taken as con- 
tiffed ; and if any Prifoner fhall plead not guilty, 
Witneffes fhall be produced by the Regillcr, and 
fworn and examined in the Prifoner's Prefence ; 
and after a Witnefs hath anfwered all the Queflions 
propofed by the Prefident, and given his Evidence, 
it lliall be lawful for the Prifoner to have the Wit- 
nefs crofs examined, declaring to the Court what 
Queflions he would have afked, and the Prefident 
or the Court fhall interrogate the Witnefs accord- 
ingly ; and every Prifoner iliall have Liberty to bring 
Witneffes for his Defence, who fhall be fworn and 
examined, and afterwards the Prifoner fhall be heard 
forhimfclf; which being done, the Prifoner fhall be 
taken away, and all other Perfons, except the Re- 
gifter, fhall withdraw; and the Court fhall confider 
of the Evidence ; and the Prefident fliall collea the 
Votes of the Court, beginning at the Junior, and 
ending with himlclf; and according to Plurality of 
Voices, Sentence fhall be given, aud pronounced 
publickly in the Prefence of the Prifoner, being cal- 
led in again ; and according to fuch Sentence, the 
Perfons attainted fhall be put to Death in fuch man- 
ner, and in fuch Place upon the Sea, or within the 
Ebbing or Flowing thereof as the Prefident, or the 
major Part of the Court, by Warrant direded to a 
Provofl-Marfhal, (which they fliall have Power to 
tonftitute) fhall appoint. 

Some public Notary (hall be Kt- 

S- ^- gifter of the Court ; and in Cafe of 

his Abfence, Death, or Incapacity, 

or for want >f a Pcrfon fo qualified, the Prefident 



fhall appoint a Regilter, giv 



ing him an Oath, duly, 



faithfully, and impartially to execute his Ofrice; 
which Regifter fliall prepare all Warrants and Ar- 
ticles, and provide all things requifite for any Trial, 
.iccording to the fubllantial, and effential Parts of 
Proceedings in a Court of Admiralty in the moll; 
fummary Way ; and fhall make Minutes of the 
Proceedings, and enter them in a Book, and fhall 
tranfniit the fame with the Copies of all Articles and 
Judgments, unto the High Court of Admiralty of 
England. 

If any of his Majefty's SubjeSs fliall S. 7. 

commit Piracy, or Robbery, or any Act 
of Hoflility againfl others his Majeffy's Subjeffs up- 
on the Sea, under Colour of any Commiffion from 
any foreign State, or Authority from any Perfon what- 
foeVer, fuch Offenders, and every of them, fhall be 
adjudged Pirates, Felons, and Robbers ; and being 
convitled according to this Act, or 28 Hen. VIIl. 
Cap. 15. fhall fuffer Pain of Death, and Lofs of 
Lands and Goods. 

If any Commander of a Ship, or any S. 8. 

Mariner, fliall in any Place where the 
Admiral hath Jurifdiction, betray his Truft, and turn 
Pirate, Enemy, or Rebel, and piratically and felo- 
nioufly run away with the Ship, or any Boat, Ord- 
nance, Ammunition, or Goods, or yield them up 
voluntarily to any Pirate, or fhall bring any fedu- 
cing Meffages from any Pirate, Enemy, or Rebel ; 
or confult, or confederate with, or attempt to cor- 
rupt any Commander, Officer, or Mariner, to yield 
up, or run away with any Ship or Goods, or turn 
Pirate, or go over to Pirates, or if any Perfon fhall 
lay violent Hands on his Commander, to hinder 
him from fighting in Defence of his Ship and Goods, 
or confine his Mailer, or endeavour to make a Re- 
volt in the Ship, he fliall be adjudged a Pirate, Felon, 
and Robber, and being convifted, according to this 
Aft, (hall fuffer Death, and Lofs of Lands and 
Goods. 

All Perfons who fhall either on S. 9. 

Land or upon the Seas, knowingly fet 
forth any Pirate, or affift, or maintain, procure, 
command, counfel, or advife, any Perfon to com- 
mit any Piracies, or Robberies upon the Seas, and 
fuch Perfon fliall thereupon commit any fuch Piracy 
or Robbery, all fuch Perfons fhall be adjudged ac- 
ceffary to fuch Piracy and Robbery ; and after any 
Piracy or Robbery committed, every Perfon, who 
knowing that fuch Pirate or Robber has committed 
fuch Robbery, fhall on the Land, or upon the Sea, 
receive, entertain, or conceal any fuch Pirate or 
Robber, or receive any Ship, or Goods, by fucli Pirate 
or Robber, piratically, and felonioufly taken, fliall be 

adjudged 



Of P I R A T E S, ^c. 



201 



adjudged acceffary to fuch Pifcy and Robbery ; and 
all fuch Acceflaries muy be enquired of, heard, and 
determined, after the common Courfe of the Law, 
according to the Statute 28 Hen. VIII. Cap. 15. as 
the Principals.of fuch Piracies and Robberies ought 
to be, and being attainted fliall fufFer Death, and 
Lofsof Lands and Goods. 

When any £"?///7.) Ship hath been 
^' '"• defended by Fight, againft Pirates, 

and any of the Officers or Seamen are killed or 
wounded, the Judge of tiie Admiralty, or his Sur- 
rogate in London, or the Mayor, or chief Officer in 
the out Port», alfifted by lour fubftantial Merchants, 
may, by Procefs out of the faid Court, levy upon 
the Owners of fuch Ships, ^c a Sum not exceeding 
2/. per Hundred, of the Value of t'le Freight, Ship, 
and Goods, fo defended, to be diftributed among the 
Officers and Seamen of the faid Ships, or Widows 
and Children of the flain. 

A Reward of 10/. for every Vcf- 
• S. II. fel of a hundred Tons, or under, and 

15/. for every one of a greater Bur- 
then fhall be paid by the Captain, Commander, or 
Mafter, to the firft Difcoverer of any Combination, 
for running away with, or deftroying any fuch 
Ship, at the Port where the Wages are to be 
paid. 

This Aft fhall be in Force for feven 
" S. 12. Years, ^c. made perpetual 6 Gto. I, 

Cap. 19. 
$. 13. The Commiffioners appointed by 

28 Hen. VIII. Cap. 15. or by this 
Aft, fliall have the fole Power of hearing and deter- 
mining the faid Crimes, within all the Plantations in 
America, governed by Proprietors, or under Char- 
ters from the Crown, and fliall ilTue their Warrants 
for apprehending any Pirates, i3c. within any of the 
faid Plantations, in order to their being brought to 
Trial, within the fame, or any other Plantation in 
America, or fent into England; and all Governors, 
yr. in the Plantations, governed by Proprietors, or 
tinder Charters, fhall alTift the Commiffioners and 
Officers, and deliver up the Pirates, Wf. in order to 
their being tried, or fent into England. 

If any of the Governors in the 
S. 14. Plantations fhall refufe to yield Obe- 

dience to this Aft, fuch Refufal is de- 
clared to be a Forfeiture of all Charters granted 
for the Government or Propriety of fuch Planta- 
tion. 

When any Commiffion for the 
S. 15. Trial, and Punifhmcnt of the Offen- 

ces aforefaid, fhall be direfted to any 



Place within the JurifJifticn of the Cinque Ports, 
fuch Commiffion fhall be direfted to the Lord War- 
den, £sfc. 

All Officers or Sailors, who fhall S. i6. 

dcfert the Ships wherein they are 
hired to ferve for that Voyage, ihall forfeit all Wages 
due to them. 

In cafe any Mafter of a Merchant S. 17. 

Ship, fhall, during his being abroad, 
force any Man on Shore, or wilfully leave him be- 
hind in any of his Majefty's Plantations, or elfe- 
where, or fhall refufe to bring home with him all fuch 
of the Men which he carried out, as are in a Condition 
to return, fuch Mafter fhal! fuffer three Months Im- 
prifonment. 

All Perfons who fhall commit any 4 Geo. I. 
Offences for which they ought to be Cap. 11. S. 7. 
adjudged Pirates, by the Aft 11 and 12 
Will. III. Cap. 7. may be tried as by the Aft 28 
Hen. VIII. Cap. 15. and fhall be debarred from the 
Benefit of Clergy. Nothing in this Aft to e.\;tend to 
Scotland. 

By 8 Geo. I. Ch. 24. S. I. if any 8 Geo. I. 
Commander of a Ship, or other Per- Cap. 24. S. 1. 
fon, fhall trade with any Pirate, or 
fhall furnifh any Pirate, Felon, or Robber upon the 
Seas, with Ammunition, Provifion, or Stores, or 
fliall fit out any Ship knowingly, and with a Defign 
to trade orcorrefpond with any Pirate, i^c. upon the 
Seas, or if any Perfon fhall confult, combine, or 
correfpond with any Pirate, i^c. knowing him to be 
guilty of any Pirady, Felony, and Robbery, fuch 
Offender fhall be adjudged guilty of Piracy, (Sc. 
and fhall be tried according to the Statute 28 Hen. 
VIII. Cap. 18. and 11 and 12 Mnil. III. Cap. 7. and 
being convifted, fliall fuffer Death, and Lofs of 
Lands and Goods ; and if any Perfon belonging to 
any Ship, upon meeting any Merchant Ship on the 
high Seas, or in any Port, Haven, or Creek, fhall 
forcibly board or enter fuch Ship, and tho' they do 
not feize and carry her off, fhall throw overboard, or 
deftroy any of the Goods, they fhall be punifhed as 
Pirates. 

Every Ship fitted out with a Defign S. x. 

to trade, orcorrefpond with any Pi- 
rate, and all the Merchandizes put on board the fame, 
with an Intent to tude wiili any Pirate, fiiall be for- 
feited, one Moiety to the King, and the otiier to the 
Informer, to be recovertd in the High Court of Ad- 
miralty. 

All Perfons declared Acceffaries, S. 3. 

by 1 1 and 12 Will. III. to any Piracy, 
are by this Aft declared principal Pirates. 

D d Everf 



'.02 



Of PIRATES, ^c. 



Every Offender convicted of any 
S. 4. Piracy, i^r. by \nrtiie of this A£f, 

fhallnot Iiave Benefiiof Clergy. 
S. 5. And to encourage Seamen and Ma- 

riners to defend their Ships from Pi- 
rates, the faid Aft ordains, that in cafe any Mari- 
ner on board any Merchant Ship, {hall be maimed 
in Fight againfl: any Pirate, upon due Proof thereof, 
he rtiall not only have and receive the Rewards ap- 
pointed by 22 and 23 C. II. Cap. 11. but (hall be 
provided for in Greenwich Hofpital, preferable to 
any other Seaman who is difabled from Service 
by Age. 

If any Commander, or other Of- 
S- 6. ficer, or Seaman of a Merchant Ship, 

that carries Guns and Arms, fhall not 
fight and endeavour to defend themfelves when attack- 
ed by a Pirate, or fhall utter any Words to difcourage 
the other Mariners from defending the Ship, by 
which Means iTie is taken by the Pirate, in fuch Cafe, 
the faid Commander, l^c. (hall forfeit all the 
Wages due to him or them, to the Owners of 
the Ship, and Ihall fuffer fix Months Imprifon- 
ment. 

NoMafleror Owner of any Mer- 
S. 7. chant Ship, fhall pay to any Seaman 

beyond the Seas, any Money or Ef- 
fefts on Account of Wages, exceeding one Moiety 
of the Wages due at the Time of fuch Payment, 
till fuch Ship fhall return to Great-Britain, Ireland, 
or the Plantations, or to fome other of his Majefty's 
Pominions whereto they belong, on Forfeiture of 
double the Money fo paid, is'c. 

This Aft fhall extend to all his Ma- 

S. 10. jelly's Dominions in Afta, Africa, or 

America, and (hall be a public Aft, 

«nd (hall continue feven Years, l^c. made perpetual 

2 Geo. II. Cap. 28. 

The Aft 1 1 and 12 Will. 3 Ch. 7. 
Coke 3. Inftit. does not alter the Offence, or make 
Tit. Admir. the Offence Felony, but leaves it 
as it was before this Aft, viz.. Felo- 
ny only by the Civil Law, but giveth a Mean of Trial 
by the Common Law, and inflifteth Pains of Death, 
9s if they had been attainted of any Felony done upon 
the Land. 

The Indiftmentmufl mention the fame to be done 
en the high Sea. 

If any Perfon be felonioufly (Iricken 
2 Geo. II. or poifoned upon the Sea, or at any 

Ch- 21. Place out of England, and dies in Eng- 

land, or ftricken or poifoned in Eng- 
land, and dies on the Sea, or out of England, the 



Faft ia triable in any County, according to the Courfc 
of the Common Law, except Challenges for the 
Hundred. 

A Pardon of all Felonies does not Moore 756. 
extend to Piracy, but the fame ought Dy. 308. 
efpecially to be named ; and tho' there 
be a Forfeiture of Lands and Goods, yet there is no 
Corruption of Blood, nor can there 
be an Accejpiry of this Offence, tried Ditto. Pa<»e 
by Virtue of this Statute, but if there 7'- S. 26. 
be an AcceJJary upon the Sea to Piracv, 
he muft be tried by the Civil Law. 

The Statute of 35 Hen. VIII. Cap. Vide i^Jac. 
1. taketh not away the Statute for in B. R. 
Treafons, done upon the Sea, nor is Moore 756. 
Clergy allowable to the Party on the P'^*-- '344. 
Statute 28//«:. VIII. 3 Inft- n^- 

Tho' a Port be Locus Publicus uti 
Pars Oceani, yet it hath been refolved i Injl. 391. 
more than once, that all Ports, not 
only the Town, but the Water is infra Corpus Comi-- 
tatus. 

If a Pirate enters in a Port or Haven of this King- 
dom, and aflTaults and robs a Merchant Ship at Anchor 
there, this is not Piracy, becaufe the fame is not done 
fuper altum Mare, (upon the high Sea) 
but a downright Robbery at Common Molloy de Jure 
Law, for that the Aft is infra Corpus Mar. P. 71. 
Comitatus, and was inquirable and pu- ^- 27. 
nifhable by the Common Law, before 
the Statute of 28 Hen. VIII. Cap. 15. an Inflance of 
which was in Hide (J A/, who robbed the Ship of one 
Capt. Slue of fome Alerchandize, appertaining to 
Mr. Moft, a Merchant in London, and for which they 
were indifted at the Common Law, and found guilty. 
Anno 22 Car. II. at the Old Baity. "* 

By the recited Aft of 1 1 fVill. IIL 
it is (amongft other Things) enafted, 18 Get. II. 
That all Piracies and Robberies com- P- 659. 
mittedon the Sea, or in any Haven or p. 660. 
Place, where the Admirals have Power 
or Jurifdiftion, may be examined and adjudged, ac- 
cording to the Direftions of the Aft, in any Place 
at Sea or Land, to be appointed by the King's Com» 
mifTion ; and alfo, that if any of his Majefty's" natu- 
tural born Subjefts, or Denizen^ of this Kingdon», 
fhall commit any Piracv, or Robbery, or Aft of 
Hoflility, againft others of his Majefly's Subjefts on 
Sea, under Colour of Commifllon from any foreign 
Prince or State, or Pretence of Authority from any 
Perfon, they (hall be deemed Pirate^ Felons, and 
Robbers ; and being convifted according to the faid 
Aft, or of 28 Hen. VIH. therein recited, fhall fuffer 

fuch 



Of PIRATES, &>€: 



203 



fuch Pains of Death, bfc. as Pirates, ^c. ought to 
have and fuffer : and fince the prefent Wars with 
France and Spain, diverfe Subjedts have entered in 
the Service of his Majefty's Enemies, on board Pri- 
vateers, or other Ships, having Conimirt^ons from 
the Crowns of France or Spain, and committed Hof- 
tilities